CARDIOGRAM TERMS OF SERVICE (TERMS)
Effective Date: Aug 23, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE THE SERVICES.
IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL 9-1-1.
THIS WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE
Cardiogram is a mobile software platform that collects user data from its users via smart phones and smart watches to provide personalized health monitoring and pre-diagnosis alerts and information. Cardiogram analyzes and deciphers the user data for the early detection and prevention of diseases.
Our “Services” include access to the Cardiogram.com public website, our Cardiogram mobile application, Cardiogram Subscription Services for our mobile application (“Subscription Services”), Supplements (“Supplements”), and personal At-Home Testing services (“At-Home Testing”). The At-Home Testing may include cardio stress tests and the collection of biological samples. Our website along with are mobile application are collectively referred to as our “Site”.
The biological samples we collect include saliva, urine, cheek swab, skin swab, and other (“Samples”), using sample collection kits (“Kits”) provided by Cardiogram. Customers will collect the Samples and ship them to Cardiogram partner labs for testing and analysis. Based on our analysis of the Samples and customer-provided data, Cardiogram makes personalized lifestyle, supplementary and dietary recommendations and offers Supplements and Subscription Services to individuals.
The Services are directed solely to persons 18 years of age or older, and we do not knowingly gather Personal Information from visitors who are under 18. If we become aware that we have gathered Personal Information from a person under 18, then we will attempt to delete such information as soon as possible. If you believe that we have gathered Personal Information from a person under 18, please contact us at [email protected]
Acceptance of Terms of Service
These Terms of Service (“Terms”) govern your (“you” “customer” or “user”) access to and use of our Services.
Cardiogram reserves the right to change, revise, update, or modify these Terms or any notices, policies, or guidelines incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting of the revisions on the Services. Your continued use of the Services following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies to understand the most current terms and conditions that apply to your use of the Service.
These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Cardiogram separately, if any, on other matters.
The content available through the Site (the “Content”) is the sole and exclusive property of Cardiogram and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services, Site or the Content other than as expressly authorized by Cardiogram in writing. Use of our Services, the Site or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by Cardiogram, you are permitted to view and use the Site and the Content solely for your own information and for purchase of the products or services offered. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of our Services or the Site or the Content unless expressly authorized by Cardiogram. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content.
Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests or promotions that may be offered on the Site. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms, and, in the event of a conflict, any such terms shall prevail over these Terms.
Order of Precedence
Please note that some features of our Services may be provided under additional or separate legal agreements or consents between Cardiogram and you. If that is the case, when you first participate in or use such features, you will be provided an opportunity to review and agree to the terms that govern such service features. We may also require your affirmative acceptance of the informed consent forms applicable to service features such as ordering optional At-Home Testing, research studies and study participations. If there is a conflict between these Terms and legal terms applicable to a particular service feature, research Studies, or study participations, the terms in such agreements and consent forms will take precedence over these Terms with respect only to those specific service features.
Software and Mobile Applications
Your rights in use of any software including any Cardiogram provided mobile applications (“Software”) that is not accompanied by a separate license agreement are governed by and subjected to the license granted in these Terms. Your license to such Software is limited to use of the object code of such Software on a single computer or device. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed to in writing between you and Cardiogram. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Cardiogram for use in accessing the Services. Any rights not expressly granted herein are reserved.
Limited Use License
Subject to your compliance with these Terms, Cardiogram grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Software. This license shall remain in effect until and unless terminated by you or Cardiogram. You promise and agree that you are using the Software for your own personal, non-commercial purpose, and that you will not redistribute, resell, or transfer the Software or the Services. (Gifts, conferences, and groups are considered as personal, non-commercial use.)
You agree to abide by our Terms and not to use the Software or the Services or any part of it in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, Cardiogram grants no right, title, or interest to you or any third party in the Services or the Software. You shall not modify, lease, sell, distribute, or create derivative works of the content of the Services or Software, unless otherwise specifically agreed in a separate agreement between you and Cardiogram.
All Cardiogram Software used in the Services are licensed, not sold, to you, and Cardiogram and its licensors retain ownership of all copies of the Cardiogram Software even after installation on your personal computers, mobile devices, tablets, and/or other applicable devices. Third party software (for example, open-source software libraries) included in the Cardiogram Software are licensed to you either under these Terms or under the relevant third-party software library’s license terms.
In the absence of a validly executed separate commercial agreement between you and Cardiogram, any attempts to use the Services or the Software for non-personal or commercial purposes in violation of these Terms (including reselling, distributing, sharing, and transferring to third parties for consideration) will have the effect of rendering the above license invalid and of no avail in law.
Cardiogram reserves the discretion to refuse any Services or use of its Software obtained in violation of these Terms.
Availability of At-Home Testing (Kits)
At-Home Testing products are available only in the United States, and only in certain states (see below), subject to certain limitations.
We are currently working on expanding the availability of our At-Home Testing products in other states and international markets.
Currently, At-Home Testing products ARE AVAILABLE for residents living in the following states of the US:
AK, AR, CO, DE, DC, IN, IA, KS, LA, MA, MN, MS, MO, MT, NE, NM, NC,ND, OH, OK, SD, UT, VT, WA,WV, WI, TX and VA.
Currently, At-Home Testing products are NOT AVAILABLE for residents living in the following states of the US:
AL, AZ, CA, CT, FL, GA, HI, ID, IA, IL, KY, ME, MD, MI, NH, NV, NJ, NY OR, PA, RI, SC, TN and WY.
In addition, our At-Home Testing products and Kits are available to adults 18 years and older, and are not available to minors under the age of 18.
For all Kits, you are required to carefully read and follow the instructions that accompany our Kits. Failure to follow the accompanying instructions exactly may lead to rejection or failure of your Samples processed by our partner laboratories.
Ownership, Use of Test Results and Data
By submitting Samples to Cardiogram, you agree to, and hereby do, transfer, and assign to Cardiogram and its assigns and successors all right, title, and interest in and to the Samples, self-reported information, analysis, and data derived therefrom.
Waiver of Rights
You understand that you will not receive and you agree to waive any compensation (by way of cash, equity, use rights, or other current or future financial benefit or reward) from Cardiogram as a result of having your Sample or any data related thereto or derived therefrom analyzed or processed. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any self-reported information to Cardiogram, you acquire no rights in or title to any research, research studies, or commercial products that may be developed by Cardiogram or its collaborating partners. You specifically understand that you will not receive compensation for any commercial products that use, include, or result from Samples or any other information you provide to Cardiogram as part of research, research studies, or study participations, and you agree to waive any and all rights or claims to them.
All Supplements recommended and provided by Cardiogram are non-pharmaceutical products that have not been approved by the FDA in the US, nor are required to be approved by the FDA. These non-pharmaceutical Supplements do not require a prescription by a licensed healthcare provider or physician.
The Supplements recommended are personalized especially for you, based on your unique test results. Due to the customized nature of the Supplement recommendations, they are not suitable for consumption by anyone other than you. If you are purchasing Supplements for a minor, if you are pregnant, nursing or anticipating pregnancy, recovering from surgery, taking medications, or have a medical condition, please consult your physician before you use the Supplements.
You acknowledge and agree that, as between Cardiogram and you, all right, title, and interest in and to the Services, the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Cardiogram or its licensors and are protected by United States intellectual property laws and other applicable laws.
All Content included in our Services, the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Cardiogram or its content suppliers and protected by U.S. and international copyright laws.
Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of using the Site as a resource or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site and in our Services are proprietary to Cardiogram. Without limiting the foregoing, Cardiogram and CardioStress are trademarks of Cardiogram. Unauthorized use of any trademark of Cardiogram may be a violation of trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by Cardiogram or of Cardiogram by the third parties.
User Generated Content
The Site may contain galleries for blogs, chat areas, forums, comments and rankings, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Cardiogram, the Site and other users of the Site (collectively, "Communication Services"). Where the Site seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and enjoyment of the Site. You agree only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Cardiogram reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, the Site moderator may take such measures as it determines appropriate in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Site or the Content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Communication Services or the Site.
- Use the Site for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Site.
- Aggregate, copy, duplicate, publish, or make available to third parties outside the Site in any manner any of the Content or any other materials or information available from the Site.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Engage in any other action that, in the judgment of Cardiogram, exposes it or any third party to potential liability or detriment of any type.
Any content or views posted, shared, transmitted or otherwise made available by users through the Site (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. Cardiogram does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Cardiogram be liable in any way for any User Materials.
You acknowledge that Cardiogram may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via the Site. Without limiting the foregoing, Cardiogram and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in Cardiogram’s sole discretion. Cardiogram shall have no liability for such removal.
You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content available on or through the Site.
You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the Site (“Submission”). All Submissions are subject to these Terms. Cardiogram is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Cardiogram’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant Cardiogram and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in Cardiogram’s discretion, on the Site or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
Cardiogram may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Cardiogram’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site (providing URL(s) in the body of an email is the best way to help Cardiogram locate content quickly);
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Cardiogram’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways: Email: [email protected]
Links to Other Websites and Search Results
The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Cardiogram and Cardiogram is not responsible for the content available on these third-party sites. Such links do not imply endorsement of information or material on any other site and Cardiogram disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Cardiogram shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Links to the Site
You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Cardiogram or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with Cardiogram or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking website; and (iv) Cardiogram reserves the right to revoke its consent to the link at any time and in its sole discretion.
Modifications to Site
Cardiogram reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that Cardiogram shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Charges and Billing
When you purchase any Services offered by Cardiogram, you authorize us to charge your account with us or with an intermediary such as Apple App Store of Google Play Store or credit card or other payment system such as PayPal (“Payment Method”) for all fees applicable to your purchase of Services including subscription services, At-Home Testing, Kits, Supplements, and opt-in purchases associated with the Services if you ordered them. You must provide a valid Payment Method when you order Cardiogram Services. You represent and warrant that you are authorized to use such Payment Method, and you agree to pay all fees and charges incurred using that Payment Method by your Account. You agree and authorize us to provide your Payment Method information and related PII to our designated third-party Services provider(s) including payment processors for their use in charging you for the Services ordered by you. You agree to immediately notify Cardiogram of any changes to your information, including your billing address or the Payment Method used for payments.
All fees and charges for Services are exclusive of sales tax and other applicable taxes, and you are responsible for payment of any and all applicable taxes (other than taxes on Cardiogram income). Sales Tax as used herein shall mean any sales or use tax, functional equivalent of a sales tax, or other tax measured by sales proceeds that Cardiogram is permitted to pass on to its customers.If timely payment of Subscription Fees is not received, through the Payment Method, for any reason, you are deemed to have materially breached these Terms, and Cardiogram has the right to immediately suspend or cancel the Subscription. You agree that all cancellations for cause shall be made in Cardiogram’s sole discretion and Cardiogram shall not be liable to you or any third party for any cancellation of your Subscription services.
We reserve the right to accept or reject orders for Services for any reason. Price and availability of Services are subject to change without notice (unless you have purchased an ongoing Subscription service from Cardiogram, in which case the Subscription Fees paid by you shall apply for the applicable Subscription Term).
YOU AGREE THAT ANY PAYMENT SUBMITTED BY YOU TO CARDIOGRAM FOR SERVICES IS SUBMITTED ON BEHALF OF YOURSELF, WITHOUT EXPECTATION OF ANY REIMBURSEMENT BY THIRD-PARTY PAYERS. CARDIOGRAM DOES NOT UNDERTAKE TO SUBMIT ANY INFORMATION PROVIDED BY YOU FOR REIMBURSEMENT OR PAYMENT FROM PRIVATE INSURANCE CARRIERS, MEDICARE, MEDICAID, OR ANY OTHER THIRD-PARTY PAYERS.
Returns and Refund Policy
Subscription services are available for the Cardiogram mobile app either on a monthly or annual basis. A user with a monthly subscription may cancel any time and the subscription is canceled at the end of the period for which the last payment was made. A user with an annual subscription may cancel any time and the subscription is canceled at the end of the annual term for which the last payment was made.
At-Home Testing and Supplements
All purchases of At-Home Testing and Supplement products are final upon the placement of the order on our Site. Due to the nature of the lab partners used by Cardiogram for At-Home Testing and Supplement products, we are not able to cancel orders for any At-Home Testing or Supplements once the order has been placed, and no returns or refunds are available.
Kit Replacement Policy
Upon a customer’s request, Cardiogram may ship a replacement Kit due to non-usability, damage, or defect, provided that you have not submitted your Sample and that the Kit being replaced was purchased within the last one month period (“Kit Replacement Policy”).
Cardiogram will also replace a Kit without any charge or fees in connection with Kit replacements if it is determined that the cause for such replacement is attributable solely to Cardiogram (such as, your Sample fails testing and a new Sample is needed, or the Kit is damaged). Cardiogram will charge a Kit Replacement fee of $30 for any replacements that are not due to the fault of Cardiogram. To make a request for Kit replacement, please contact our Customer Service via email at: [email protected]
Suspension and Termination Rights
In order to use certain features of the Site, you may have to register and create an account with Cardiogram. You are responsible for maintaining the confidentiality of any passwords associated with your Cardiogram account, you agree to monitor all activity under the account and you assume full responsibility for all activities that occur under your account (except as to security breaches caused by Cardiogram). Cardiogram reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that Cardiogram shall not be liable to you or any third party for any such suspension or termination.
New and Additional Features
You acknowledge that Cardiogram may, from time to time, offer new or additional products, technologies or features as part of the Services that may only be available to you with an additional fee, and that you will have to pay additional fees in order to access or use these new offerings.
Export - Import Controls; Compliance with Law
Recognizing the global nature of our online Services, you agree to comply with all local rules regarding doing business online, specifically, you agree i) that submitting your Sample to Cardiogram is not subject to any export or import ban or restriction in the country of your residence; ii) that your Sample and personal information may be transferred and/or processed outside the country in which you reside; and iii) that you will comply with all applicable laws regarding the transmission of technical information exported or imported from the United States or the country from which you access the Services online.
These Terms will continue to be effective until terminated by either you or Cardiogram as set out in this section. You may terminate your legal agreement with Cardiogram, by notifying Cardiogram at any time in writing, along with a request to close your account for the Services. Your notice should be sent, in writing, by email addressed to Cardiogram via Customer Service as specified below. Upon receipt of a notice online (by email), Cardiogram will send you an email asking for confirmation of your request, and your notice will be effective following receipt of a second email from you by Cardiogram confirming that you are requesting closure of your account, and Cardiogram confirming such closure.
Submit via Email: [email protected]
Cardiogram may at any time, terminate its legal agreement and Accounts with you if:
- you have breached any of these Terms;
- Cardiogram is required to do so by law;
- Cardiogram Services partner has terminated its relationship with Cardiogram or ceased to offer the Services to you;
- Cardiogram is no longer providing the Services to users in your location; or
- provision of Services to you is no longer commercially viable.
You acknowledge and agree that Cardiogram shall not be liable to you or any third party for its termination of this agreement, your account, or access to the Services.
When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Cardiogram have benefited from, been subject to, or that have accrued over time while these Terms have been in force or that were expressed to continue indefinitely, shall be unaffected by this termination, and shall continue to apply to such rights, obligations, and liabilities indefinitely.
Statements and Claims
ANY STATEMENTS OR CLAIMS THAT APPEAR ON THE AT-HOME TESTING, KITS, SUPPLEMENTS PACKAGING, SERVICES DESCRIPTIONS, CARDIOGRAM WEBSITE, OR IN DOCUMENTATION RELEVANT TO SUPPLEMENTS, KITS OR OTHER SERVICES HAVE NOT BEEN EVALUATED BY THE FDA. THE SUPPLEMENTS, OR THE KITS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Possible Risks and Considerations
By utilizing the Services, you represent that you are aware of the potential risks associated with use of the Services, including use of the Kits and Supplements, and the collection and submission of Samples to Cardiogram.
Some potential risks associated with using the Services and Supplements include, but are not limited to the following:
- You may feel discomfort or embarrassment when collecting Samples;
- You may learn information about yourself that prompts you to consult or follow-up with your physician. You will be fully responsible for the costs of this follow-up testing, consulting, and any resulting treatment;
- You may learn information about yourself that requires you to consult or follow-up with your physician, healthcare provider, or conduct specific diagnostic or medical tests. You will be fully responsible for any costs associated with follow-up testing, consultations, and any treatment by healthcare providers;
- A specific health or medical condition(s) you may have may not get better or may get worse and you may develop new conditions;
- Some survey questions may make you or your family members uncomfortable;
- Some of the results and information you receive may generate strong emotions;
- You may find out information about yourself that will cause you to worry or become anxious;
- There can be adverse health effects if you fail to follow exactly the instructions given with the Kits for collecting Samples or from the use of the Supplements;
- Cardiogram will not provide any payment or treatment if you have an injury while collecting Samples;
- The Supplements or recommendations provided to you may or may not be beneficial to you; it may cause or exacerbate certain medical conditions or problems. You take these Supplements at your own risk;
- A rare security breach or failure to follow certain protocol in spite of all the measures employed by us against such could result in unauthorized disclosure of your data such as PI, PII, or PHI; and
- There may be other unknown or additional risks to using the Services that are not foreseeable at present.
Warnings & Limitations
By using our Services, you agree to receipt of the following warnings and limitations applicable to Kits or the Supplements, and you assume the risks associated with using any Kits or Supplements not in accordance with these warnings:
- If you have certain medical conditions or are using medications, you agree to use the Kits and Supplements only after consulting your physician;
- If you feel unwell, ill, or experience any adverse reactions following the use of Supplements, you agree to seek medical help immediately and discontinue further use of such Supplements until after your physician clears them for use again;
- In case of accidental overdose, misuse, or allergic reactions experienced by you, you agree to seek immediate medical help as necessary;
- The preservative in the Sample tubes inside the Kits may pose certain health risks; you agree to follow the instructions that accompany each Kit on steps to follow.
ANY INFORMATION PROVIDED WITH THE SUPPLEMENTS, KITS, OR THE SERVICES IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENTS OR MEDICATIONS.
THE SERVICES IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT AND DISEASE OR ILLNESS. THE SERVICES AND THE INFORMATION ON CARDIOGRAM WEBSITE IS PROVIDED FOR EDUCATIONAL, INFORMATIONAL, AND ENJOYMENT PURPOSES ONLY WITH THE UNDERSTANDING THAT CARDIOGRAM IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION AND IS NOT TO BE USED FOR THE DIRECTION OF OR CARE OF INDIVIDUAL PATIENTS UNLESS OTHERWISE EXPLICITLY SPECIFIED OR AGREED.
CARDIOGRAM AT-HOME TESTING SERVICES ARE PROVIDED (DIRECTLY OR THROUGH A PARTNER) SUBJECT TO THE FOLLOWING CONDITIONS: (A) THEY DO NOT RESULT IN THE FURNISHING OF A DIAGNOSIS OF ANY CONDITION, DISEASE OR ILLNESS; (B) THEY DO NOT REPLACE ANY OF YOUR EXISTING RELATIONSHIPS WITH YOUR PHYSICIAN; (C) THEY ARE NOT BEING USED AS A SUBSTITUTE FOR THE CARE, MEDICAL ADVICE OR TREATMENT PROVIDED BY YOUR PRIMARY CARE OR OTHER PERSONAL PHYSICIAN; (D) PARTNER LABS DO NOT AND WILL NOT PRESCRIBE OR ORDER ANY DRUGS OR MEDICATION; AND (E) YOU ARE SOLELY RESPONSIBLE FOR INITIATING FOLLOW UP WITH THE APPROPRIATE PERSONAL PHYSICIAN OR OTHER PROVIDER FOR CARE AND MEDICAL TREATMENT AS NEEDED.
THE SERVICES IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES AND ITS INFORMATION.
THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CARDIOGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICES. CARDIOGRAM DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, CARDIOGRAM MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO SUBSCRIPTION SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICES. CARDIOGRAM IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICES OR ACCESSED THROUGH THE SERVICES. WHILE CARDIOGRAM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, CARDIOGRAM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICES.
BY USE OF OUR SERVICES AND AGREEING TO THESE TERMS, YOU AGREE THAT THE SUPPLEMENTS, UPON RECEIPT BY YOU, ARE CONSUMED ONLY BY YOU AND YOU WILL NOT PERMIT, SHARE, OR ALLOW ANYONE OTHER THAN YOU TO CONSUME THESE SUPPLEMENTS. FURTHER, YOU AGREE THAT CARDIOGRAM IS NOT LIABLE FOR ANY MISUSE OR MIS CONSUMPTION OF THE SUPPLEMENTS YOU RECEIVE FROM CARDIOGRAM.
ANY STATEMENTS ON CARDIOGRAM WEBSITES, PRODUCTS, SERVICES, OR SUPPLEMENTS PACKAGING HAVE NOT BEEN EVALUATED BY THE FDA. CARDIOGRAM PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Limitation on Liability
IN NO EVENT SHALL CARDIOGRAM OR ANY OF ITS CORPORATE AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICES PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CARDIOGRAM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CARDIOGRAM’S SERVICES OR CARDIOGRAM’S RECORDS. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF CARDIOGRAM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, SHALL NOT EXCEED ANY FEES YOU PAID FOR THE PURCHASED SERVICES, IF ANY, TO CARDIOGRAM FOR ACCESS TO OR USE OF THE SERVICES IN THE MONTH PRECEDING THE MONTH IN WHICH THE ACT OR OMISSION GIVING RISE TO THE CLAIM. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CARDIOGRAM, SUCH AMOUNT SHALL BE ONE HUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SPECIFIED ABOVE, AND THEREFORE, DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HI SETTLEMENT WITH THE DEBTOR.”
YOU AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARDIOGRAM AND YOU.
Your Indemnity of Cardiogram
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CARDIOGRAM, ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICES PROVIDERS AND CONSULTANTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ACTUAL OR THREATENED SUIT, DEMAND, OR CLAIM ARISING OUT OF OR RELATING TO THE USE OF CUSTOMER CONTENT, THE INFORMATION SUPPLIED BY YOU TO CARDIOGRAM OR TO YOU BY CARDIOGRAM, THE CONDUCT OF YOUR HEALTH CARE PROVIDER, YOUR CONDUCT, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
These Terms and the resolution of any dispute related to these Terms, or the Services shall be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the State of North Carolina shall have exclusive jurisdiction over all claims.
The Site is controlled within the United States of America. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Cardiogram does not represent that the Services, Site or Content are appropriate outside the United States of America.
Unlawful and Prohibited Use Policy
As a condition for using the Services, you represent and agree not to engage in any of the following activities that are unlawful or prohibited by these Terms:
- any attempt to gain unauthorized access to Cardiogram’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Services;
- the collection or harvesting of any Personal Information including, but not limited to, company and individual names, domain names or account names, from the Services;
- use of communication systems provided by the Services for any unauthorized commercial solicitation purposes;
- use of any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
- any resale, offer to sell, and commercial (non-personal) use of the Software, Kits, Services, Supplements or the Content;
- the distribution (online or offline), public performance or public display of the Kits, or any of the Materials without a separate and validly executed commercial agreement with Cardiogram;
- misrepresent the identity or create false or deceitful identities of persons and applicable details and test qualifying criteria in order to place orders for our Services;
- any modification or derivative use of the Services or any portions;
- any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services;
- the download (other than page caching) of any portion of the Services, or any information contained therein, except as expressly permitted;
- misrepresenting the qualifying age for our Services;
- impersonate, falsification of identity, or misrepresent your affiliation with any person or entity;
- use the Services outside of the countries where such use is permitted;
- modify or disguise the origin of any content transmitted through the Services in a manner that leads to user confusion;
- use the content in Services, or their promotional materials for unauthorized advertising, pyramid schemes, or offer to sell or buy any goods or Services except as permitted by law;
- unauthorized use of branded trademarks, trade names, and key words associated with the Services in online media that amounts to false association and cause consumer confusion;
- engage in "framing," "mirroring," or otherwise simulating the appearance or function of Cardiogram or our Services;
- upload or transmit any content that you do not have a legal right to transmit (such as insider information, proprietary and confidential information, personal health information, content that infringes intellectual property rights of a third party, etc.);
- violate these Terms, code of conduct or other guidelines, which may be applicable to a specific area of the Services;
- any use of the Services other than for their intended purposes;
- intentional or unintentional violation of local, state, national, or international law, or any regulations having the force of law; and
You are held solely liable for the consequences (including any loss or damage which Cardiogram and their licensors or 3rd parties may suffer) due to any such breach or violation of these Terms. In case of violation of any one or more of these terms, representations, conditions, and policies, or Cardiogram has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Cardiogram has the right to suspend or terminate your Account, refuse any and all current or future access to and use of the Services, and seek injunctive relief, monetary damages, and other remedies available in law and equity. In addition, Cardiogram is entitled to, and you agree to defend and indemnify Cardiogram and its affiliates against any claims, costs, damages, or liabilities (including but not limited to reasonable attorney’s fees and court costs Cardiogram may incur) arising out of or resulting in your breach, violation or actions as specified above.
Modifications, Updates, and Delays
Cardiogram reserves the right at any time to modify, revise, update, and discontinue the Services (or any part thereof) with or without notice. You acknowledge and agree that modifications or updates may result in delays in computations for some features of Services. The Software and mobile applications that you use may from time to time automatically download and install updates from Cardiogram. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, features, new modules, or completely new versions. You agree to receive such updates and permit Cardiogram to deliver these to you as part of your use of the Services.
Certain conditions and circumstances associated with the business operations of the Services may result in unexpected delays in shipping Kits, manufacturing Supplements, processing lab tests, and analysis of the Samples you have returned. Cardiogram may or may not provide you with specific notices applicable to these delays. While Cardiogram endeavors to take commercially reasonable steps to minimize such delays, Cardiogram shall not be liable to you or to any third party for any such delays associated with the Services.
Sometimes, Cardiogram may not be able to process a Sample, or our testing process may result in errors due to several reasons which may include but not limited to Samples containing insufficient volume or the testing results not meeting our standards for accuracy (“Sample Failure”). This may result in unexpected delays in processing your Sample. On such occasions, Cardiogram will notify you of the Sample Failure and details applicable to processing a new Sample in place of the failed Sample.
You agree that your delay in creating a Cardiogram account (on the website or mobile application) and providing answers to the initial questionnaire in full will cause delay in starting the Sample testing process, which in turn can cause delays in completing your test results and shipping your Supplements.
Any controversy or claim between the parties or arising out of these Terms or any use of the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The selected arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional.
If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such requests. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, videoconference, and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in Asheville, North Carolina, USA. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction. In no event shall any claim, action or proceeding related in any way to the Services be instituted more than two (2) years after the cause of action arose.
Waiver of Jury Trials and Class Actions
BY ENTERING INTO THESE TERMS, YOU AND CARDIOGRAM ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Cardiogram notices to you may be made via email or regular mail. Cardiogram may also provide notices of changes to these Terms by displaying them on or through the Services. Any notices that you provide to us without compliance with this section on Notices shall have no legal effect. Unless otherwise specifically provided for, any official notices to Cardiogram related to these Terms must be sent to:
Submit via Email: [email protected]
Cardiogram Legal Team
1200 Ridgefield Blvd., STE 170
Asheville, NC, USA 28806
You agree that no joint venture, partnership, employment, or agency relationship is created by these Terms between you and Cardiogram.
No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Cardiogram shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Cardiogram’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Cardiogram, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms.
If you have any complaints with respect to our Services (“Complaints”), please direct them to our Customer Service by submitting a request via email to [email protected].
In addition to the above process, residents of certain States may have additional rights under the applicable State laws with respect to consumer complaints.