Terms of Service
Please read these terms and conditions
carefully before using Our Service.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE COMPANY SERVICE FOR IMMEDIATE, URGENT MEDICAL NEEDS. THE COMPANY SERVICE IS NOT DESIGNED OR INTENDED TO FACILITATE MEDICAL EMERGENCIES.
Company does not practice medicine or provide medical services. Any content or tool on this platform, such as text, data, illustrations, graphical elements, animation, photos, images, and other materials, is provided for reference, information and educational purposes only and is in no way intended to replace or constitute professional medical care or attention by a qualified healthcare provider. We do not warrant that the information is true or accurate. Nothing contained within the Service should be used as a basis for diagnosis or choice of treatment. We cannot always guarantee that we reflect all the most recent research or include all phenomena. Such content and tools are not meant to be complete or exhaustive or meant to be applicable to any specific individual's medical condition. Additionally, such content and tools should not be used to replace or overrule a qualified health care provider's judgment. We strongly encourage You and all users to consult a qualified healthcare professional who will be trained in observation and diagnosis and will be able to advise based on a knowledge and understanding of all aspects of Your condition and Your own medical history.
You assume full responsibility for using the information on this site and the Application, and you understand and agree that no Company entity is responsible or liable for any claim, loss, or damage resulting from use of such information by you or any other user.
You further agree that any disclaimers provided by Company on the Application or that accompany the information provided as a part of the Service are valid and subject to these Terms.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Company
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to QALY, Inc., 21537 Saratoga Heights Drive, Saratoga CA.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Company may, at its sole discretion, from time to time offer a Referral Program.
If you refer a new member to Service and such new member, (1) joins the Service and (2) sends their first ECG for review, then you are eligible to receive the following:
- 1 free month of reviews (maximum of 3 referrals). In the event that you, as the referrer, are on a recurrent monthly subscription, for each referral, up to 3, you will receive one free month of the subscription service. In the event that you, as the referrer, are on a recurrent annual subscription, for each referral, up to 3, your next annual subscription fee will be reduced by one month for each referral. In the event that your monthly or annual subscription ends and you do not renew, you will receive the free month of reviews at the end of such subscription, up to 3 months.
If you have been referred and are a new member who has (1) joined the Service and (2) sent your first ECG for review, then you are eligible to receive 1 free month of reviews.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Referral Program, or (ii) cancel such Referral Program.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service, its features and content are owned by Company or its licensors, for itself or on behalf of its affiliates and are protected by U.S. and international copyright and other intellectual property laws. Company shall retain title, ownership rights and all intellectual property rights in and to the Service features and any and all software, documentation, intellectual property or other proprietary information or materials used or delivered in connection with the Service. Unless otherwise stated, you may print or download information from the Service for personal, non-commercial use only, provided:
- you do not modify any documents or their related graphics in any way;
- you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
- you include an acknowledgement alongside the copied material noting the source of the material and include the statement "the materials are protected by copyright law."
Reprinting or otherwise reproducing any document in whole or in part is prohibited, unless prior written consent is obtained from the copyright owner. Nothing in these Terms shall be interpreted to mean that you have rights to repackage, sell, resell, post on blogs or on any other platform, republish, reproduce, link or frame or store any material without our permission.
You acknowledge and agree that we shall have the right in its sole discretion to refuse to accept or to remove any content provided by you in connection with The Service features if doing so would violate these Terms or would be otherwise objectionable in our sole and absolute discretion.
These Terms do not grant you any right, title, license or interest in or to any software or documentation, or in any related patents, copyrights, trademarks, trade secrets or other intellectual property of any kind, of Company, or their affiliates. You shall not acquire any rights of any kind in or to any trademark, service mark, trade name, logo or product or service designation (whether or not registered) under which Company, and their affiliates market their products or services and you shall not use the same for any reason.
All copyrightable text, graphics, design, selection and arrangement of information in this platform are copyrighted by Company unless otherwise noted. You may not edit or alter any material on the Service.
You acknowledge that Company may terminate or suspend your right to use the Service if you breach, or if Company has reasonable grounds to suspect that you have breached the provisions of these Terms.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY, ITS AFFILIATES AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR 100 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
"AS IS" and "AS AVAILABLE" Disclaimer
IT IS YOUR RESPONSIBILITY SOLELY AND EXCLUSIVELY TO DETERMINE THE SUITABILITY OF THE SERVICE PROVIDED HEREUNDER FOR YOUR INTENDED PURPOSES AND USES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVIC IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED.
COMPANY GIVES AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE OR THE RESULTS OBTAINED FROM THE SERVICE. NO REPRESENTATION OR WARRANTY IS MADE THAT (I) THE SERVICE WILL MEET THE YOUR NEEDS, (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE SHALL BE RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
NO REPRESENTATIVE OF COMPANY IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
WE DO NOT ASSUME ANY DUTY TO CORRECT OR UPDATE THE SERVICE OR TO RESOLVE OR CLARIFY ANY INCONSISTENT INFORMATION THAT MIGHT BE A PART OF THE SERVICE. WE DISCLAIM ANY WARRANTY CONCERNING SUCH INFORMATION'S ACCURACY, TIMELINESS, AND COMPLETENESS, AND ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DO NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE ERROR- OR VIRUS-FREE AND DO NOT GUARANTEE AGAINST UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THE SERVICE. NO COMPANY ENTITY SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES RELATED TO THE SAME. IF YOU FIND THESE MATERIALS OFFENSIVE, DO NOT USE THIS SERVICE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you may benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org