TERMS OF USE

General information and applicability

Welcome to CardioSignal®

These Terms of Use (“Terms”) govern your use of CardioSignal service consisting of our proprietary CardioSignal mobile application and cloud service along with the statutory label and instructions for use (hereinafter collectively “CardioSignal”) and apply between you (“you, user”) and Precordior Ltd., a Finnish limited liability company specified in section 1 below (“Precordior, we, us, our”), and acting under the capacity of the legal manufacturer and commercial operator of CardioSignal service.

CardioSignal  constitutes as a CE-marked Class IIb medical device under EU medical device regulation 2017/745, intended to detect signs of atrial fibrillation in adults (aged 18 years and older). CardioSignal records data through the placement of a smartphone on top of your breastbone (sternum). This measurement data is subsequently sent to our cloud service for analysis whereas the results thereof (“Results”) are made available to you in the mobile application.

Your use of CardioSignal is further governed and limited by the instructions for use drafted in accordance with the EU medical device regulation 2017/745, as made available in the mobile application (“Instructions for Use”) and our privacy policy as well as any other relevant and applicable guidelines that may be published from time to time.  

These Terms, Instruction for Use, privacy policy, and any other applicable guidelines incorporated herein by reference form a legally binding agreement (“Agreement”) between you and Precordior in relation to your access to and use of CardioSignal. The currently valid version of the Agreement shall be made available through the mobile application. 

By accessing and/or using CardioSignal, you hereby warrant that you are aged 18 years or older and agree to the terms and conditions of the Agreement. If you cannot or do not agree to all terms and conditions in this Agreement, or if you are not eligible or authorized to do so, you should not install, use or otherwise access CardioSignal®. 

This Agreement applies to all users of CardioSignal irrespective of their geographic location. Users are advised to contact our support center in accordance with section 1 below for any questions regarding CardioSignal. However, users in the Republic of India, Switzerland or United Kingdom may respectively also reach out to the local contacts set forth in the Instructions for User.  

Please note that by default, CardioSignal is provided and operated by Precordior as a stand-alone service made available through application stores hosted by third parties. Such third parties are not parties to this Agreement. To download CardioSignal mobile application and merely access its basic view through registration is free of charge. However, the access to and use of the main features of CardioSignal to generate Results in accordance with the Instructions for Use is typically subject to a fee (“Paid Content”) or, as made available from time to time, through a fixed-term or ongoing complimentary access (“Complimentary Access”). Please note that in addition to Precordior, licenses to access and use Paid Content against any applicable fees or a Complimentary Access may also be provided to you by third parties acting as our partners in relation to their commercial activities and through their own digital channels.  In these situations, you are still required to download CardioSignal mobile application from available application stores and register an account with Precordior thereunder. Regardless of the involvement of any third parties and without prejudice to the applicability of any terms and conditions of such third parties to you, the legal relationship between you and Precordior concerning your use of CardioSignal shall in these circumstances still be governed by this Agreement. In case of any discrepancies between the terms and conditions of any third-party partners and this Agreement pertaining to your access to and actual operative use of CardioSignal, this Agreement shall prevail.

CARDIOSIGNAL IS MEANT FOR PERSONAL, NON-PROFESSIONAL USE ONLY. USERS MUST BE AT LEAST 18 YEARS OLD TO INSTALL, ACCESS AND USE CARDIOSIGNAL. CARDIOSIGNAL IS NOT TO BE USED BY INDIVIDUALS WHO HAVE A CARDIAC PACEMAKER. FOR OTHER LIMITATIONS, WARNINGS AND PRECAUTIONS, PLEASE CONSULT THE INSTRUCTIONS FOR USE INCLUDED IN THE AGREEMENT.

 

  1. Contact details and local representative information

Should you have any questions with respect to CardioSignal or this Agreement, please primarily contact support@cardiosignal.com or reach out to us via mail at:

Precordior Ltd., (business ID: 2800927-7)
Aurakatu 6
20100 Turku
Finland

Local representatives for users residing in the Republic of India, Switzerland or UK are specified in the Instructions for Use, however, also users in these countries are primarily advised to contact Precordior in Finland.

  1. Intended purpose of use and limitations on use 

2.1 Instructions for Use form an integral and essential part of the Agreement, and you may only use CardioSignal in strict accordance with the Instructions for Use. This applies regardless of whether you use CardioSignal as a stand-alone service provided solely by us or through a license provided by third parties. 

2.2 CARDIOSIGNAL IS INTENDED FOR INDICATIVE SCREENING PURPOSES ONLY AND IT IS NOT A DIAGNOSTIC DEVICE NOR IS THE METHOD OF MEASURING ATRIAL FIBRILLATION THROUGH CARDIOSIGNAL TO BE CONSIDERED AS AN OFFICIAL DIAGNOSTIC METHOD. THE ACCURACY RATE OF MEASUREMENTS DONE VIA CARDIOSIGNAL IS NOT ABSOLUTE. NEITHER PRECORDIOR NOR CARDIOSIGNAL PROVIDE DIAGNOSES FOR MEDICAL CONDITIONS NOR PRESCRIBE HOW YOU ARE TO TREAT ANY MEDICAL ISSUES YOU MAY HAVE. ALL INFORMATION ACCESSIBLE AND PROVIDED TO YOU THROUGH CARDIOSIGNAL, INCLUDING THE RESULTS, IS SOLELY FOR INFORMATION PURPOSES ONLY, DOES NOT CONSTITUTE MEDICAL CONSULTATION AND IS NOT INTENDED TO REPLACE MEDICAL CONSULTATION.  

ALL RESULTS INDICATING SIGNS OF ATRIAL FIBRILLATION MUST BE VERIFIED BY A MEDICAL PROFESSIONAL. SHOULD YOU HAVE ANY MEDICAL ISSUES RELATED TO THE INFORMATION THAT YOU EITHER ENTERED INTO CARDIOSIGNAL OR GENERATED THROUGH ITS USE, INCLUDING THE RESULTS, YOU SHALL BE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT YOU DECIDE TO CONSULT A MEDICAL PROFESSIONAL OR SEEK MEDICAL ADVICE.  

IN CASE YOU ALREADY SUFFER FROM ANY KNOWN OR DIAGNOSED CARDIAC RHYTHM DISORDER OTHER THAN ATRIAL FIBRILLATION, PLEASE CONSULT YOUR MEDICAL PROFESSIONAL ABOUT THE MOST APPROPRIATE WAY TO MONITOR ATRIAL FIBRILLATION PRIOR TO USING CARDIOSIGNAL.

IN CASE OF AN EMERGENCY, OR IF YOU FEEL UNWELL, ALWAYS SEEK IMMEDIATE MEDICAL ATTENTION.

  1. Right to use CardioSignal

3.1 Subject to these Terms as well as, where applicable, the due payment of any fees to Precordior applicable for the use of CardioSignal, Precordior grants you a limited, non-exclusive, non-transferable and non-sublicensable license to use CardioSignal exhaustively for the purposes set out herein under your personal, non-commercial capacity. You may not use CardioSignal in any way not expressly permitted by the Agreement nor copy, modify, share or transfer CardioSignal unless expressly permitted by Precordior.

3.2 Please note that when a license to Paid Content or Complimentary Access is provided to you by our partners as third parties, you are also required to comply with any terms and conditions of such third parties pertaining to your agreement with them. 

3.3 CardioSignal is licensed, not sold or transferred to you. You may only use the executable version of the software, excluding source code.

3.4 The license to use CardioSignal granted under these Terms remains in effect until terminated by you or us as set forth hereunder. Your license shall be automatically revoked should you violate these Terms or the Agreement.

3.5 To use CardioSignal, your mobile device must be equipped with motion sensors and have access to the internet in accordance with the Instructions for Use. However, Precordior does not guarantee that CardioSignal shall be accessible or usable for any beta versions of applicable operating systems or any operating systems not supported by our application store providers.

  1. Registration and user account

4.1 To use CardioSignal you need to create an account. When creating an account you are required to select appropriate credentials, such as password and e-mail address (“Login Information”) and submit accurate and current details, as requested on the sign-up interface for CardioSignal. 

4.2 Your account and Login Information are strictly personal. Do not share the account or Login Information or let anyone else access your account. You are responsible for any activities undertaken through your account whether authorized by you or not. Should you suspect that your Login Information and/or account has been subject to unauthorized access or use, you must immediately notify Precordior. 

4.3 Precordior reserves the right to remove any Login Information and suspend or terminate your account, with notice to you, if you are or we reasonably suspect that you are failing to comply with this Agreement, or for any actual or suspected illegal or improper use of CardioSignal. Please note that this may lead to the loss of any data, including Results associated with your use of CardioSignal. 

4.4 To the fullest extent permitted under applicable laws, Precordior bears no liability towards you for any damages or losses arising out of or in relation to 1) the use of CardioSignal against Instructions for Use, through your account,  2) your failure to promptly notify us of any unauthorized access to or use of your Login Information and/or account and/or 3) loss of data, including  Results, as a result of account termination or limitation.

  1. Fees and payments

General information

Cardiosignal stand-alone mobile application may be downloaded free of charge. However, the access to and use of Paid Content is typically subject to a fee payable to us or to our third-party partners, unless otherwise provided under the Agreement. In these situations, different payment methods may apply from time to time.

To the extent your access to Paid Content is purchased directly through an application store as an in-app purchase, please note that such purchases shall be subject to the applicable payment policies of Apple or Google, respectively. 

Fees charged by us for accessing Paid Content may be individual payments or automatically renewing subscription payments as described in more detail in the respective service descriptions provided through the App Store or Google Play.

5.1 Complimentary Access to Paid Content 

5.1.1 You may gain Complimentary Access to Paid Content in various contexts from time to time for either fixed-term or ongoing period, e.g. through a license, code, gift card or otherwise either from Precordior or our third-party partners.  Should your Complimentary Access be for a fixed-term period, your access to Paid Content shall automatically terminate at the end of such fixed-term period.

The length and scope of your Complimentary Access may vary depending on promotions, type of subscription and the term you select when signing up for the Complimentary Access. We reserve the right, in our absolute discretion, to determine your eligibility for Complimentary Access and may cancel or change the Complimentary Access or modify the free version at any time without notice and liability within the limits permitted by applicable law. Please also note that all features of CardioSignal may not be available under Complimentary Access. 

5.2 Charging, renewals and cancellations

5.2.1 The fee for Precordior’s auto-renewable subscription plans concerning Paid Content may be billed as a one-time advance payment for the subscribed period (e.g. 1, 3 or 12 months) or in monthly installments charged every month in advance for the duration of the subscription period. The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the subscription period you select at the time of purchase.

5.2.2 The due date for your payment or billing term of your subscription may change if your payment has not been successfully settled on the original due date.

5.2.3 By signing up for an auto-renewable subscription for Paid Content, you agree that your subscription shall automatically renew at the end of each subscription term, and the renewal fee shall be automatically charged using your provided payment information, unless you cancel your subscription before the end of the current subscription period. You can cancel your auto-renewing subscription to Paid Content purchased via Apple App Store or Google Play Store by following the applicable terms and payment policies of Apple or Google.

5.2.4 Unless prohibited by applicable law and except as specifically provided otherwise, any payments by you to Precordior are always FINAL and NON-REFUNDABLE.

5.2.5 For any fees or renewal and cancellation terms for your access to Paid Content granted by our third-party partners, please consult the applicable terms and conditions of such third party. 

5.3 Withdrawal from distance sale

5.3.1 If you have registered for a paid-for subscription to Paid Content through App Store or Google Play, you may change your mind and receive a full refund of all monies paid within fourteen (14) days from your purchase (“Withdrawal Period”), provided that you have not, at any time, accessed the paid-for parts you registered for during the Withdrawal Period. You are not required to give a reason for exercising the right of withdrawal.

5.3.2 IF YOU ARE BASED IN THE EU, YOU UNDERSTAND AND AGREE THAT CARDIOSIGNAL MAY INCLUDE DIGITAL CONTENT THAT IS DELIVERED TO YOU WITHIN THE WITHDRAWAL PERIOD. WHEN PURCHASING THE DIGITAL CONTENT, YOU EXPLICITLY REQUEST AND CONSENT TO THE IMMEDIATE PERFORMANCE OF SUCH DIGITAL CONTENT DURING THE 14-DAY WITHDRAWAL PERIOD AND ACKNOWLEDGE THAT, BY GIVING THIS CONSENT, YOUR RIGHT OF WITHDRAWAL WILL LAPSE. 

5.3.3 Without prejudice to sections 5.3.1 and 5.3.2 above, you can exercise your right of withdrawal within the Withdrawal Period by following the appropriate instructions given respectively via App Store or Google Play.

5.3.4 To the extent you have gained access to Paid Content against charges payable by you to our third party partners, your withdrawal right shall be subject to the terms and conditions of such third parties.

5.4 Price changes

5.4.1 Our prices may change from time to time. If the pricing of your subscription changes, we will notify you in advance and provide you with an opportunity to review those changes to your subscription. Price changes will take effect at the beginning of the next subscription period.  Application of any price changes to your subscription is subject to your approval of the changed pricing. In accordance with applicable law, you accept the price change by continuing to use CardioSignal after the price change takes effect. If you do not accept this price change, you have the right to refuse the change by cancelling the subscription to Paid Content before the price change takes effect.

  1. Availability and changes/modifications

6.1 Precordior will make reasonable efforts to keep CardioSignal operational but does not guarantee that CardioSignal is or will continue to be available at all times in the future. CardioSignal may from time to time be temporarily interrupted or even permanently discontinued due to technical, maintenance, cybersecurity or similar reasons or if required by law or public authorities.

6.2 You acknowledge that Precordior may from time to time add, change, modify, discontinue, update, remove or suspend CardioSignal under our sole discretion. Changes or modifications may require you to accept, download and/or install updates to continue using CardioSignal. If you fail to accept, download and/or install updates, you may be unable to access or use CardioSignal.

6.3 If you do not accept such changes referred to in section 6.2 above and the changes negatively impact you, you have the right to terminate the Agreement without charge within thirty (30) days of being notified of the change or after the change has been made, whichever is later.

  1. Use restrictions

7.1 You may use CardioSignal only and strictly in accordance with the terms of this Agreement and only for the purposes set out herein. You shall not under any circumstances:

  1. use CardioSignal in violation of this Agreement or any applicable laws or regulations;

  2. use CardioSignal for any commercial activities;

  3. unless specifically authorized by law, attempt to reverse engineer, decompile, disassemble, or hack CardioSignal or otherwise attempt to derive the source code of CardioSignal or any related technology, or any part thereof;

  4. circumvent, disable, or otherwise manipulate any usage control, regional restrictions, security or anti-copy features of CardioSignal or probe, scan or test the vulnerability thereof;

  5. provide false or misleading information in the account details or create an account by using fake identity or an identity of another person;

  6. harvest, scrape or use any other automated means to view, access or collect any information about CardioSignal or about other people using CardioSignal; or

  7. use, copy, sell, resell, rent, transfer, license or otherwise provide anybody with CardioSignal and/or the content provided by anyone else than you through CardioSignal, except as provided herein.

7.2 Any non-compliance with the prohibitions set forth in section 7.1 above represents a material breach of these Terms and may result in us taking, without limiting any other remedies available hereunder or under applicable laws, appropriate action under our sole discretion, such as the termination or suspension of your account or initiation of legal proceedings against you.

8. Third-party services

8.1 You acknowledge and agree that if you use CardioSignal through a license obtained via our third party partners, such licenses (and therefore the use of CardioSignal) form part of their service offerings. Please note that these Terms and the Agreement only apply to the contractual relationship between you and Precordior concerning the use of CardioSignal, not to your contractual relationship with such third party partners.

8.2 Please note that the respective third party is fully responsible for all materials, content, goods and services it provides to you and for all damages, claims and liabilities it may cause to you, directly or indirectly. To the fullest extent permitted under applicable laws, Precordior does not assume any liability regarding your use of such third-party partners’ services and the content therewith.

  1. Intellectual property rights related to CardioSignal

9.1 Precordior does not grant you any ownership rights in CardioSignal. All rights, title and interest in and to all intellectual property rights in or related to CardioSignal, any data generated by CardioSignal or your use of CardioSignal and all related documentation and analytics (including modifications to any of the foregoing, if any) and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Precordior and/or our subcontractors or licensors, as the case may be.

9.2 Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in CardioSignal and all rights not expressly granted hereunder are reserved by Precordior and our subcontractors or licensors, as the case may be. In the event of a third-party claim that CardioSignal or your use thereof infringes any intellectual property rights, please contact us. For the avoidance of doubt, application store providers have no liability with regard to such claim.

  1. Warranties and disclaimers

10.1 CardioSignal is provided “AS IS”, and Precordior makes no (hereby disclaiming all) other warranties or representations, express or implied including, without limitation, any implied warranties of satisfactory quality, merchantability, suitability, availability, title, noninfringement, or fitness for a particular purpose, with respect to the use, misuse, or inability to use CardioSignal, including the Results (in whole or in part), or any other products or services provided to you by us. Precordior does not warrant that (i) all errors can be corrected, or that access to or operation of CardioSignal shall be uninterrupted, secure or error-free, and (ii) the information, including the Results, available on or transmitted by CardioSignal mobile application is true, complete or accurate. You explicitly acknowledge and agree that the use of CardioSignal does not constitute as or replace medical consultation and that Precordior may not be held liable for any healthcare or related decisions made by you or your physician based upon the Results or other healthcare information related to you. You acknowledge that the use of CardioSignal is at your sole risk. 

10.2 Some jurisdictions do not allow the exclusion of certain warranties or disclaimers such as those set forth in section 10.1 above. Accordingly, some of the above exclusions may not apply to you and, therefore, the foregoing exclusions shall apply solely to the extent permitted by the laws of such jurisdictions.

10.3 To the extent you are based in the EU or EEA, please note that you may be provided with certain legal guarantees which cover the services we provide under CardioSignal. Under this guarantee, Precordior may be liable, and you may have access to legal remedies such as error correction, price reduction, agreement termination and compensation for damages, in case of a lack of conformity of CardioSignal, as provided under the applicable law, which you discover: (i) within a period of two years from any one-time supply of any services within CardioSignal, or (ii) at any time during any continuous supply of services within CardioSignal. For the avoidance of doubt, application store providers have no responsibility for CardioSignal.

  1. Limitation of liability

11.1 TO THE FULLEST EXTENT PERMITTED BY LAW, PRECORDIOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES OR INJURIES IN ANY WAY WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE USE OF, OR INABILITY TO USE, CARDIOSIGNAL, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, PERSONAL INJURIES, LOSS OF GOODWILL, LOST PROFITS, DEVICE FAILURE OR MALFUNCTION, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PRECORDIOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT PRECORDIOR IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PRECORDIOR LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF CARDIOSIGNAL, PRECORDIOR’S THIRD PARTY PARTNERS AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF USING CARDIOSIGNAL AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL PRECORDIOR BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PRECORDIOR IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO PRECORDIOR DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND PRECORDIOR’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH PRECORDIOR IS TO STOP USING CARDIOSIGNAL AND CANCEL YOUR ACCOUNT.

11.2 Notwithstanding section 11.1 above and anything to the contrary under this Agreement, nothing shall limit our liability 1) for any defects, delays or damages arising out of or in connection to the provision of CardioSignal, or 2) your statutory remedies, under any applicable and compelling consumer protection or other legislation the applicability of which cannot be contractually waived. However, in these circumstances the extent of our liability towards you shall be the minimum permitted under such applicable law.

  1. Data use and protection of personal data

12.1 Precordior collects and processes data, including personal data, in relation to your registration and your use of CardioSignal. Personal data is processed as described in our privacy policy made available at https://cardiosignal.com/ from time to time.  

12.2 Furthermore and in line with our privacy policy, Precordior reserves the right to use any data generated by your use of CardioSignal that is either originally irreversibly anonymized and aggregated or that has been rendered irreversibly anonymized or aggregated by Precordior to any legal business purposes. To this end, you acknowledge that Precordior may irreversibly anonymize and aggregate your personal data, including Results, for the aforesaid purposes.

  1. Term and termination

13.1 This Agreement shall enter into force immediately after you have finalized the registration to CardioSignal and accepted the Agreement as part of the registration procedure.

13.2 You may terminate this Agreement by deleting your account and thereafter by ceasing to use CardioSignal. However, should you have a subscription for Paid Content provided by us, such subscription shall stay in force for the ongoing or fixed subscription term as chosen by you, whereas the ongoing subscription shall automatically renew for successive equally long fixed term unless terminated by you by cancelling the subscription within the deadlines set forth in App Store or Google Play.

13.3 If you have any subscription for Paid Content from Precordior and terminate this Agreement before the end of your subscription, you will not receive any refunds for any unexpired period of your subscription, unless provided by applicable compelling laws.

13.4 WITHOUT LIMITING OUR OTHER REMEDIES, PRECORDIOR MAY LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO YOUR ACCOUNT AND/OR CARDIOSIGNAL OR PORTIONS THEREOF AND/OR TERMINATE THIS AGREEMENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING CARDIOSIGNAL, AT ANY TIME WITH NOTICE TO YOU, IF (I)WE BELIEVE YOU TO BE, IN ANY WAY, IN BREACH OF ANY PROVISION OF THE AGREEMENT OR (II) PRECORDIOR ELECTS AT ITS DISCRETION TO CEASE PROVIDING ACCESS TO CARDIOSIGNAL IN THE JURISDICTION WHERE YOU RESIDE.

13.5 PRECORDIOR SHALL TERMINATE ANY ACCOUNTS THAT HAVE BEEN INACTIVE FOR TWO (2) YEARS (MEANING THERE ARE NO EVENTS OR LOG-IN EVENTS ATTRIBUTABLE TO AN ACCOUNT DURING THIS PERIOD). USERS SHALL BE INFORMED VIA E-MAIL ABOUT THE UPCOMING TERMINATION FOR THIS REASON WITH INSTRUCTIONS ON HOW TO PREVENT TERMINATION. FOR CLARITY, ANY TERMINATION OF AN ACCOUNT FOR THE PURPOSES OF THIS SECTION 13.5 SHALL SIMULTANEOUSLY CONSTITUTE A TERMINATION OF THE AGREEMENT.

13.6 Upon termination of the Agreement for any reason, you must cease all use of CardioSignal. Your termination for any reason shall not release you from any liabilities or obligations set forth in the Agreement which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.

14. Changes

14.1 Precordior reserves the right to change, modify or remove parts of the Agreement, including these Terms, its privacy policy or any other relevant guidelines, at any time by posting the amended terms on CardioSignal, or by any other method of notice we deem appropriate. Material changes shall be effective within thirty (30) days after they have been published. Should you disagree with the changes and/or amendments you are entitled to terminate the Agreement at the date of entry into force of the changes or amendments. By continuing to use CardioSignal after the changes or amendments have been entered into force, you accept the new, then-current version of the Agreement.

15. Miscellaneous

15.1 Should any provision of the Agreement be held invalid or unenforceable by any court of competent jurisdiction, such provision will be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

15.2 Neither you or Precordior shall be liable for delay and/or damage caused by an impediment beyond the respective party’s control and which the respective party could not have reasonably considered at the time of conclusion of this Agreement and the consequences of which the respective party could not reasonably have avoided or overcome.

15.3 Precordior shall be entitled to use subcontractors for the provision of CardioSignal. We shall be liable for the subcontractors’ work and services in the same manner as for our own work and services.

15.4 This Agreement supersedes all prior agreements, arrangements, and understandings between us and you relating to the subject matter hereof and constitutes the entire agreement between us and you relating to the subject matter hereof.

15.5 You cannot transfer or assign this Agreement. We may, however, assign all or any of our rights (including intellectual property rights and licenses) or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of our business assets without your prior consent. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of Precordior.

15.6 You represent and warrant that (i) you are not located in a country subject to a United States government embargo or designated as “terrorist supporting” and (ii) you are not listed on any United States government or on the European Union consolidated list of financial sanctions.

15.7. Apple and Google (including their subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple and Google shall have the right to enforce them against you as third-party beneficiaries.)

16. Governing law and dispute resolution 

16.1 For Users residing in Finland

16.1.1 This Agreement shall be exclusively governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions.

16.1.2 Any dispute arising from or relating to this Agreement shall be subject to amicable negotiations between you and us. If no amicable settlement is reached, the dispute shall be settled by the District Court of Southwest Finland seated in Turku as the first instance. Users as consumers may alternatively initiate proceedings in the court of their domicile or refer a dispute to the Finnish Consumer Disputes Board (please see www.kuluttajariita.fi).

16.2 For other users

16.2.1 This Agreement shall be exclusively governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Notwithstanding the aforesaid, you are always entitled to rely on such compelling legislation applicable in your country of residence to the extent such legislation provides you with a more favorable position than the laws of Finland.

16.2.2 Any dispute arising from or relating to this Agreement shall be subject to amicable negotiations between you and us. If no amicable settlement is reached, the dispute shall be settled in (i) the competent district or equivalent court of first instance of your habitual place of residence in cases where you are the respondent and Precordior is the plaintiff; or (ii) in case you are the plaintiff and Precordior is the defendant, by the district court of Southwest Finland seated in Turku or alternatively the competent district or equivalent court of first instance of your habitual place of residence. The European Commission also offers alternative dispute resolution platforms as further instructed by the European Commission

(for more information, please see Alternative dispute resolution for consumers - European Commission), but please note that Precordior is not legally required to use this or other alternative dispute resolution platforms.

16.3 Nothing in this Agreement shall be deemed to limit our rights to seek interim injunctive relief or to enforce an arbitration award in any court of law. With respect to any violation by you of any intellectual property rights and/or confidential information of us and/or payment obligations under this Agreement, we shall have the right, at our sole discretion, to seek remedies in public courts within any applicable territory.