These Terms and Conditions of Use (the “Agreement”) set out the terms on which Medheed Inc., doing business as Stroke App (“Stroke App ” or “we”) will provide Stroke App software and services on the Stroke App and other Stroke App controlled or operated websites and through Stroke App 's mobile device applications (collectively, the “Service”) to you, a user of the Service (“You” or “User”), as well as the benefit of this Agreement to any Stroke App officer, director, employee or agent of Stroke App or corporate entity affiliated with Stroke App (each, a “Stroke App Affiliate”).
By providing Your email address and creating an account as a User of the Service, or by otherwise using the Service, You agree to comply with and be bound by this Agreement, which we may change at any time by posting notice on the Service. Users bound by this Agreement include both those using Stroke App for their own health goals (sometimes referred to as “Users , Individual Users”) and using Stroke App to provide services and advice to others (referred to as “Users”). PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If You do not agree to these terms and conditions, please do not use the Service.
If You register as a User, You represent and warrant to Stroke App that: (i) You are of legal age to form a binding contract; (ii) You will provide Stroke App with accurate, current and complete registration information; and (iii) Your registration and Your use of the Service is not prohibited by law. Stroke App reserves the right to suspend or terminate Your registration, or Your access to this Service, with or without notice to You, in the event that You breach any term of this Agreement.
The Service is not directed at Users under the age of 18. If You are under the age of 18, You are not permitted to register as a User or use the Service.
3) Ownership of the Service and Related Intellectual Property.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by Stroke App to operate the Service, excluding any User Content (as defined below) is proprietary to us or to third parties. Stroke App expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited.
The mark “MEDHEED” and the mark “Stroke App ” is a registered trademark, and they may not be used in connection with any service or products other than those provided by Stroke App , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stroke App . Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
4) Your Registration and User Content.
5) License to Use the Service.
Subject to the terms of this Agreement, Stroke App authorizes You to use the Service for Your personal, non-commercial purposes. You are only authorized to use Services if You have paid the applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Service. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Service, or any portion of the Service, is strictly prohibited without the prior written permission of Stroke App . The Service is licensed, not sold, and You obtain no rights in any copy of software related to the Service other than the rights described in this paragraph.
You agree, and represent and warrant, that Your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, You agree that You will comply with all applicable laws, regulations and ordinances relating to the Service or Your use of it, and You will be solely responsible for Your own individual violations of any of any such laws.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
We retain the right to implement any changes to the Service at any time, with or without notice. You acknowledge that a variety of Stroke App actions may impair or prevent You from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Stroke App has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to You, any content or services.
6.1 Fees and Services
If You purchase Stroke App , You will pay Stroke App the applicable fees and any related taxes (other than taxes on Stroke App 's income) based on the App Store app terms and conditions. Stroke App may change its fees at any time by publishing written notice on the Service.
6.2 Refund Policy
All fees and charges are non-refundable and there are no refunds or credits for partially used periods. Please see the App Store terms and conditions for refund policy.
7) Stroke App Rights.
Stroke App ! reserves the right (but is not obligated) to do any or all of the following:
(a) record User Content;
(b) Investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
(c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
(d) monitor, edit or disclose any User Content or User registration information, and otherwise generally monitor Your use of the Service; or
(e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.
Stroke App and Stroke App Affiliates have no liability or responsibility to Users of the Service or any other person or entity for performance or non performance of the aforementioned activities.
8) Ideas and feedback Submitted to Stroke App.
Stroke App is pleased to hear from You and welcomes Your comments about the Service. In the event that You submit ideas or suggestions for the Service (“Comments”, “Feedback”), the feedback will be deemed, and will remain, the sole property of Stroke App . None of the Service Comments will be subject to any obligation of confidence on the part of Stroke App and Stroke App Affiliates will not be liable for any use or disclosure of any Service Comments and feedback. Without limiting the foregoing, Stroke App will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.
9) Warranty Disclaimers, Limitations of Liability and Indemnity.
You acknowledge that Your health involve risks, which may involve risk of bodily injury or death, and that You assume those risks. You should consult a licensed/certified healthcare professional prior to beginning using Stroke App and You acknowledge that Stroke App has advised You of the necessity for obtaining such consultations. The app should not be used by pregnant women and incompetent individuals. Stroke App service is a source of information and education, but it does not provide medical advice, recommendation or consultation. Medheed and Stroke App make no representation or claim that Stroke App is a provider of medical services or advice as defined by federal and state laws and regulations pertaining to medical providers and other health care related matters, or that Stroke App has any obligations with respect to (a) the appropriateness of Your engaging in a health check by Stroke App ; (b) the results (or lack of results) obtained by Your use of the Stroke App ; and (c) any health-related matters arising in connection with Your use of Stroke App . In no event shall Stroke App be liable for any death or bodily injury that You suffer, or that You cause to any third party, in connection with Your use of the Stroke App or any other activity You undertake in connection with Your use of the Stroke App. ALL HEALTH CHECK AND SUGGESTIONS ARE NOT A MEDICAL OR PROFESSIONAL ADVICE AND SHOULD NOT BE TAKEN INSTEAD OF PROFESSIONAL ADVICE. THE STROKE APP MAY CONSIDER YOU HEALTH FINE WHILE YOU NEED TO SEEK PROFESSIONAL CONSULT AND YOU SHOULD NOT RELAY ON THE STROKE APP FOR YOUR DECISION MAKING FOR SEEKING MEDICAL HELP. IN NO CIRCUMSTANCES USE THE STROKE APP INSTEAD OF PROFESSIONAL MEDICAL CONSULT AND JUDGMENT.
Warranties. WITHOUT LIMITATION OF THE FOREGOING, STROKE APP AND STROKE APP AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE OR USER CONTENT. THE SERVICE AND USER CONTENT ARE PROVIDED IN “AS-IS” CONDITION, AND STROKE APP AND STROKE APP AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE USER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STROKE APP OR ANY STROKE APP AFFILIATE OR THROUGH THE SERVICE OR USER CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU USE THE SERVICE AND USER CONTENT AT YOUR OWN RISK, AND NEITHER STROKE APP NOR STROKE APP AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM STROKE APP OR STROKE APP AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR USER CONTENT, EVEN IF STROKE APP OR STROKE APP AFFILIATES HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM AGGREGATE LIABILITY OF STROKE APP AND STROKE APP AFFILIATES FOR ANY AND ALL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE STROKE APP OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO THE APP STORE TO BUY THE STROKE APP.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify and hold harmless Stroke App and Stroke App Affiliates against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with Your use of the Stroke App or Your breach of any provision of this Agreement. Stroke App reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which You are obliged to provide indemnification hereunder. You will cooperate with Stroke App with respect to such defense and settlement.
10) The Privacy Statement.
10.1) Collection of Personal Information
We may also use and allow third parties to track your browsing history profile. Such tracking will allow Stroke App to develop, improved and offer you specifically tailored services and products with appropriate user consent, where necessary (both of Stroke App and its third party partners). No personally identifiable information will be shared with any third party without your consent.
10.2) Types of Information Collected
User Information. In addition to the above personal information, we collect standard information about Stroke App users such as:
· Personal Data”, including, birthdate, height and weight, sex.
· Health check results generated from a user’s genetic data (although we don’t store the genetic data itself).
· Email address and Stroke App Password.
· IP addresses, browser type and your operating system.
· Any additional information relating to you and your use of the Stroke App or services that you provide to use directly through the apps.
· Location data and other information about devices used to access and interact with the App.
· Information collected from promotions with third party companies.
10.3) Supplemental Information
Your information may also be supplemented with additional information from other sources, including publicly available sources.
10.4) Use of Personal Information
We will treat the information we collect as confidential. We will not share Personally Identifiable Information about you without your consent. We may share information collected from you that does not identify you or an individual with third parties, including advertisers and potential business partners.
We may also share data that does not identify an individual user:
· To fulfill the services and products you request from us.
· To operate and improve the App and Stroke App Services available to you through Stroke App, including developing new features and products.
· To communicate with you, respond to your requests and manage our relationship
· To personalize the products and services provide to you.
· Measure performance of the products and Stroke App Services
· To send you marketing notices including promotions of our products and services. You can opt-out of communications from Stroke App at any time (see control of personal information below).
· To share non-identifying event data with our product and marketing analytics partners to help us to analyze information about the use of Stroke Appfor marketing purposes or in order to improve the Stroke AppServices.
· For internal purposes, which may require the transfer of such information to other Stroke Appaffiliates for administrative purposes, for technical maintenance purposes, the marketing and promotion of products and services that might be of interest to you.
We may disclose your personal information (including images) when we reasonably believe that it is required by law, a duly authorized court order, or legal process and to protect and defend the rights and interests of Stroke App, its affiliates, suppliers, or users. If we are required to disclose your information, we will attempt to provide you with advance notice, unless we are prohibited from doing so by law.
In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal information.
10.5) Apple HealthKit
Notwithstanding the foregoing, Stroke App will not use or disclose to third parties user data gathered from the Apple, Inc. Healthkit framework or Healthkit API for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. In no event will any information be collected from Healthkit users for use by third parties in compliance with this section without obtaining user consent.
10.6) Control of Personal information and Opt-Out Options
Stroke App values the accuracy of the information you provide. All users can confirm, change, or update personal information you have provided. If you want to opt-out of communications from Stroke App, you can do so by feedback or delete your profile. If you change your mind, you can opt-in again by contacting through feedback. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices. Users that are residents of the European Union have additional rights with respect to personal information, as explained below.
10.7) Security of the Information We Collect
We take commercially reasonable precautions in an effort to protect your information against security breaches. We use industry-standard firewalls and security software design to protect the security and integrity of your Personal Information. However, this is not a guarantee that your information may not be accessed, disclosed, altered, or destroyed. By using the Stroke App, you acknowledge that you understand and agree to assume these risks.
10.8) Protection of Children's Privacy
We do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use the App. Consistent with the Children's Online Privacy Protection Act (“COPPA”) and the General Data Protection Regulation, the App are not intended for use by anyone under the age of 18 (COPPA's minimum protections are for minors 13 years of age or under). Stroke App does not knowingly collect personal information from children through the Stroke App.
Cookies. When you visit the app, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Websites the cookie may be read. A “cookie,” is a small text file placed on the user's hard drive to track usage of the app and collect basic information, which may include certain of your preferences.
If you would like to avoid cookies, your web browser may have an option that enables you to disable or not accept cookies. It should be noted, however, that should you disable or not accept cookies, portions of the Stroke App may not properly function.
Web Beacons. We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate Stroke App visitation data by tracking how users navigate to and through the Stroke App. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to personal information. A web beacon is an electronic image and string of code that is imbedded in a web page or email which allows us to track web page views/hits or the opening of an email containing a beacon. We may use web beacon in conjunction with cookies to track web site activity on Stroke App. Web beacon tracking by Stroke App does not identify the name or email address of the web user or mail recipient.
10.10) Mobile Analytics
When you use our apps, third parties may collection data about your mobile device in order to serve ads on other apps or websites that are tailored to your interest. This practice is known as 'interest-based advertising.' Examples of data that may be collected includes: IP addresses, identifiers associated with your mobile device (also called 'Advertising Identifiers'), or any ads that you click while using our app. If you wish to opt out, please Open Settings application on your phone and select Privacy.We are providing you with this information and ability to control these setting in accordance with our commitment to the Digital Advertising Alliance's Self Regulatory Principles.
10.12) Links to Other Websites
Stroke App may contain links to other websites. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use. We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them.
10.13) Legal Bases for Processing Your Information
We rely on the following legal grounds to process your personal information:
10.14) Transfer and Processing of Data
For users within the North America, we process data in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.
For users within the European Union, we transfer data from the European Union to data centers located in the United States for processing. The European Commission has determined that the law of the United States does not provide a level of protection adequate to satisfy the requirements of Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and free movement of such data, known as the General Data Protection Regulation (“GDPR”). As to users residing in the EU, however, we extend the rights provided for by the GDPR – as detailed below – including the imposition of required safeguards with respect to accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of data. Transfers of EU resident data from the EU to the United States from third parties (such as third party payment processors) are conducted in accordance with appropriate transfer mechanisms under the GDPR, principally contractual clauses approved by the European Commission.
If you are a resident of the EU, you have the right to:
· request an accounting of all personal information that we possess that pertains to you in an electronically portable format (e.g., electronic copies of information attached to an email).
· request that we change any personal information that pertains to you.
· request that we delete any personal information that pertains to you.
· fully or partially withdraw your consent to the collection, processing, and/or transfer of your personal information.
To request an accounting of your personal information, a change to your personal information, deletion of your personal information, or to withdraw your consent to the collection, processing, and/or transfer of your personal information, contact us through customer service and feedback. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
10.15) Data Retention and Deletion
We will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information.
It is our policy to retain personal information for 6 months once such personal information is no longer necessary to deliver the Apps and to delete such personal information thereafter. This means that, if you close your account with us, we will delete personal information associated with your account after 6 months. Regarding other types of information we collect as described in this policy, it is our policy to retain such personal information for 6 months and to delete such personal information thereafter.
10.16) DO NOT TRACK DISCLOSURE
Stroke App does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may be able to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.
Third parties that have content embedded on the App such as a social feature may set cookies on a user's browser and/or obtain information about the fact that a web browser visited the Websites from a certain IP address. Third parties cannot collect any other personally identifiable information from the Websites unless you provide it to them directly.
11) Applicable Law and Jurisdiction; Compliance.
All disputes arising out of or relating to this Agreement or the Service shall be resolved exclusively by binding arbitration conducted in Toronto, Canada before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. In the event that the American Arbitration Association is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. Notwithstanding any rules of the American Arbitration Association to the contrary, any claims shall be adjudicated on an individual basis, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, You may at Your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. Stroke App does not hereby waive any defense that such jurisdiction may be lacking in Your state. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement or the Service shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting.
12) Cloud Services and Third Party Services.
Without limitation of the disclaimers and limitations of liability set forth in Section 12, You acknowledge and agree as follows: (a) we provide the Service using cloud computing services of one or more third party cloud providers (collectively, the “Cloud Providers”); (b) the price at which we could afford to offer the Service would vary if we provided the Service other than using such cloud services; and (c) we shall not be responsible or liable to You for any act, omission or failure of any Cloud Provider.
You acknowledge that do not endorse, and we are neither responsible nor liable for, the content, quality, interpretations or recommendations of the Stroke App or any other Third Party Services. Stroke App Does not assume, and hereby disclaims, all liability, obligation or responsibility in connection with any transactions between You any other provider of Third Party Services. These transactions are entirely at the risk of You and such third party. If You have a dispute with other third party, You release Stroke App (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
13) Miscellaneous Provisions.
No delay or omission by Stroke App in exercising any of its rights occurring upon any noncompliance or default by You with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Stroke App of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between You and Stroke App regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and Your assent to the terms and conditions hereof constitutes a “signing” for all purposes. There shall be no third party beneficiaries to this Agreement other than Stroke App! Affiliates. In no event shall Stroke App be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Stroke App's reasonable control.
Effective Date of Terms: 1 April 2019