The following key
points of this User Agreement are brought for your convenience only. They do
not substitute the full User Agreement.
1.
Alvio. The app is owned or
held under exclusive license, and operated by, QoL
Devices Ltd.
2.
The App. Is a mobile application
and a cloud server that, with the use of the
accompanying respiratory device, helps children and adults like you to
improve your respiratory system and track symptoms and training progress over
time.
3.
Disclaimer. The app is a
complementary instrument intended to enhance your ability to practice and track
your respiratory system performance. The app and its Device in themselves are
not, and are not intended to be, a substitute for an in-presence, qualified
professional medical analysis, advice, guidance or treatment. PLEASE CONSULT
WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, ON ISSUES
RELATING TO YOUR HEALTH.
4. Privacy. We respect your privacy as further explained in our Privacy Policy https://storage.googleapis.com/alvio-static-pages/Alvio%20-%20Privacy%20Policy.html.
5. Registration.
In
order to use our app, you must be an individual above the age of 18 and
register with a personal user account.
6.
Use and
restrictions. Subject to these terms and the completion of your registration,
you may access and use the app strictly for private, personal and noncommercial
purposes. You may not use our app in any of the objectionable
manners explained below.
7.
Intellectual property. All legal rights in our
app, including all intellectual property rights, are owned or held under
license by QoL Devices Ltd.
8.
Age restriction. You must be 18 years
of age or older in order to use the App. If you are below the age of 18,
Parental concent and monitoring is obligatory.
9.
Disclaimer of warranty. The App is provided
for use as is and the Sensor is provided for use under the instructions and limitations
provided in the Sensor’s booklet or other publications we issue.
10.
Limitation of liability. To the maximum
extent permitted by the applicable law, we – and our licensors and anyone
acting on our behalf – will not be liable for any damage or loss, arising from the
use or inability to use the app and Sensor.
11. Indemnity. You agree to indemnify us, our partners,
suppliers and licensors, in case of a third party complaint, claim, plea, or
demand in connection with your breach of any provision of or representation in
these Terms.
12.
Law & jurisdiction. Use of the app is
governed by the laws of the State of Israel and subject to the exclusive
jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.
Welcome to Alvio,
a system comprising of a respiratory device and a mobile application that helps
children and adults like you to improve your respiratory system and track
symptoms and training progress over time (the “App” or “Alvio”). The
App is owned or held under exclusive license, and operated by, QoL Devices Ltd.
(the “Company”, “we”, “us” and “our”).
Please read the following User Agreement (the
"Terms") carefully. By clicking the
"I Agree" button, installing, signing up to, accessing or using the App,
you agree to these Terms. If you do not agree to these Terms, you may not
access or use the App.
Our App. Alvio is a mobile application that, with the use of the accompanying respiratory
device and its sensors (the "Sensor"), enables you to improve the performance of
your respiratory system by training and tracking your progress and improvement
over time (the "Measurements"). Through the App you may sync
the Measurements from the Sensor, in order to view, track and share your Measurements.
1.
The app is a complementary instrument
intended to enhance your ability to practice and track your respiratory system
performance. The app and its Device in themselves are not, and are not intended
to be, a substitute for an in-presence, qualified professional medical
analysis, advice, guidance or treatment. PLEASE CONSULT WITH YOUR DOCTOR, OR
OTHER QUALIFIED HEALTHCARE PROFESSIONAL, ON ISSUES RELATING TO YOUR HEALTH.
THE APP AND SENSOR ARE MERELY COMPLEMENTARY INSTRUMENTS
INTENDED TO ENHANCE YOUR ABILITY TO PRACTICE AND TRACK YOUR RESPIRATORY SYSTEM
PERFORMANCE. THE APP AND THE SENSOR IN THEMSELVES ARE NOT, AND ARE NOT INTENDED
TO BE, A SUBSTITUTE FOR AN IN-PRESENCE, QUALIFIED PROFESSIONAL MEDICAL
DIAGNOSIS, ANALYSIS, ADVICE, GUIDANCE OR TREATMENT.
USING THE APP DOES NOT CREATE OR IMPLY A DOCTOR-PATIENT
OR NURSE-PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY.
Third Party Apps. We do not operate or monitor Third Party Apps that
integrate with the App. We assume no responsibility or liability for any use of
such Third Party Apps or their availability and we bear no responsibility for your
decision to use such Third
Party Apps and
the consequences of doing so.
YOU ARE SOLELY RESPONSIBLE FOR THE DATA YOU SHARE,
DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE APP, OR WHEN
USING THE APP AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO.
REGISTRATION
Information you
provide. In order to use the
App, you must be an individual above the age of 18 and register with a personal
user account. When you register with the App, we may ask you to provide us certain
details we describe in our privacy policy https://storage.googleapis.com/alvio-static-pages/Alvio%20-%20Privacy%20Policy.html (“Registration
Information”). Once registered, you may access the App using your account
username and password. Make sure that you change your password periodically.
You must maintain the confidentiality of your account login details.
False information. If we believe that
the Registration Information you provide is false or if we believe that you
violated these Terms, we reserve the right to suspend or terminate your user
account or your access to the App.
Personal Sensor,
Personal Account. We
may, but are under no duty to, use your Registration information in order to provide
you with alerts in the event that your Device was being used by another user of
the App, or in the event that you used a Device that may not be your own Device.
Additional Information.
We
reserve the right to request additional information to verify your identity
during the registration process, throughout your use of the App or when you
submit requests related to your user account.
Consent
to Use of Data. You
agree that we may collect and use technical data and related information that
is gathered from you periodically ("Information") to facilitate
the provision of App updates and support and other services to you (if any)
related to the App. We, and our licensors, may use the Information, as long as
it is in a form that does not personally identify you, to improve the App or to
provide services or technologies to you.
YOUR PRIVACY
We respect your
privacy. Our Privacy Policy https://storage.googleapis.com/alvio-static-pages/Alvio%20-%20Privacy%20Policy.html
, which is combined into these Terms, explains our privacy practices. We
encourage you to read it carefully.
Our intellectual
property. All
rights, title and interest in and to the App and its features, including
without limitation, patents, copyrights, trademarks, trade names, service
marks, trade secrets and other intellectual property rights and any goodwill
associated therewith, are owned or held under license by QoL Devices Ltd.
Restrictions. You may not, nor
allow any third party to, sell, rent, lease, lend, distribute, or
sublicense the App to any third party, nor make available to the public or communicate
to the public, the App. You may not,
nor allow any third party to: (i) modify, adapt, alter, translate,
create derivative works from, copy (except for a sole copy made for internal
backup purposes) or otherwise use the App; (ii) decompile, disassemble, reverse
engineer, translate or convert the App, or apply any design, procedure or
process to the App in order to ascertain, derive, and/or appropriate for any
reason or purpose, the source code or source listings for the App or any of the
content or any trade secret information or process contained in the App (except
to the extent such restrictions are prohibited by law); (iii) modify or remove
any copyright or other proprietary rights notices in or on
the Application; or (iv) publicly display or publicly communicate the results
of internal performance testing or other benchmarking or performance evaluation
of the App.
You may not remove, alter or obscure
any proprietary notice (including any notice of copyright or trademark) of
Company or its affiliates, partners, suppliers or the licensors of the App.You may not use any
name, mark, logo or domain name that is confusingly similar to our marks, logos
and Internet domain names. You must refrain from any action or omission that
may dilute, or damage our goodwill.
USING THE APP
Acceptable use. You may use the App
only for your private, personal and non-commercial purposes.
Prohibited use. When using the App,
you must refrain from –
·
Breaching these Terms or any other
applicable rules and instructions that we may convey with respect to the App;
Interfering with,
burdening or disrupting the functionality of the App;
·
Breaching the security of the App or publicly
identifying any security vulnerabilities in it;
·
Circumventing or manipulating the
operation or functionality of the App, or attempting to enable features or
functionalities that are otherwise disabled, inaccessible or undocumented in
the App;
·
Sending automated or machine generated
queries;
·
Using robots, crawlers and similar
applications to collect and compile content from the App or send data to the App
including for the purposes of competing with the App, or in such ways that may
impair or disrupt the App’s functionality;
·
Impersonating any person or entity, or
making any false statement pertaining to your identity or affiliation with any
person or entity;
·
Collecting, harvesting, obtaining or
processing personal information regarding the App’s users, without their prior
explicit consent;
·
Linking to the App from web pages or
applications that contain pornographic content or content that encourages
racism or wrongful discrimination;
·
Engaging in any activity that
constitutes a criminal offense or gives rise to civil liability;
·
Violating any applicable law, rules or
regulations;
YOU MAY NOT USE THE APP FOR ANY ACTIVITY THAT IS
UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL, OR IN CONNECTION WITH ANY UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL PURPOSE
OR ACTIVITY, OR CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A
CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY
APPLICABLE LAW.
AGE RESTRICTION
If you are under the
legal age of majority in your jurisdiction (normally 18 years), then you must
obtain permission from your parent or legal guardian to accept these Terms. By
using the App, you declare to us that you have obtained it.
TERMINATION
Terminating your Alvio account. You may, at any
time, request to terminate your App account by contacting us at [contact@alv.io].
Once we complete processing your request for termination, we will delete your account
from our systems.
We
may temporarily or permanently limit, block your access or terminate your user account, if we determine that you breached these Terms. Upon
termination of these Terms or your account, for any reason, your right to use
the App is terminated and you must immediately cease using the App; and we will
not be liable to you for termination of access to the App.
Operation of the App. We may at any time
discontinue or terminate the operation of the App, its features, or any part
thereof, temporarily or permanently, for all users, or for certain users,
without any liability to you.
Changes
Changing the App. We may, at any time
and without prior notice change the layout, design, scope, features or
availability of the App.
Changing these Terms. We may revise these Terms, in whole or
in part, at any time by putting you on notice of the amended Terms. Your
continued use of the App after the effective date of the amended Terms
constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
TO THE GREATEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE
TERMS, THE DEVICE'S BOOKLET OR OTHER PUBLICATIONS WE ISSUE: (A) THE APP IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND (B) WE
AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AFFILIATES,
PARTNERS, SUPPLIERS AND LICENSORS (THE “STAFF”) DISCLAIM ALL WARRANTIES
AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, THE MEASUREMENTS,
THIRD PARTY CONTENT AND SERVICES AND ANY USE THEREOF, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE,
SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE, AND OUR STAFF, DO
NOT WARRANT THAT (1) THE APP WILL BE UNINTERRUPTED, ERRORFREE OR WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE APP WILL ALWAYS BE
AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS;
(3) THE QUALITY OF THE APP Functionalities
WILL MEET YOUR EXPECTATIONS; (4) THE MEASUREMENTS GENERATED THROUGH THE APP OR
THE SENSOR WILL BE ACCURATE, BENEFICIAL, TIMELY OR RELIABLE; (5) THE RESULTS OF
THE USE OF THE APP WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR
REQUIREMENTS.
NO REPRESENTATION OR
OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY
FOR USE OR PERFORMANCE OF THE APP, OR THE CONTENT SENT THROUGH THE APP, WHETHER
OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE
TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY
PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE
THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE
APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE TO YOU FOR
ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR
CONSEQUENTIAL DAMAGE, INCLUDING ANY INJURY OR DEATH CAUSED BY USING THE APP OR
THE SENSOR, OR OTHER NEGLIGENCE RELATED TO THE APP OR ITS USE, LOSS OF DATA,
OTHER INTANGIBLE LOSSES OR ANY OTHER DAMAGE OR LOSS, WHETHER
IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH: (A) THE
APP, (B) THE USE OF OR THE INABILITY TO USE THE APP, (C) MEASUREMENTS PRESENTED IN THE APP,
(D) YOUR RELIANCE UPON OR THE EXPECTED OUTCOME OR BENEFITS FROM ANY INFORMATION
OR MEASUREMENTS ON THE APP, (E) ANY FAILURE, ERROR, OR BREAKDOWN IN THE
FUNCTION OF THE APP, (F) ANY FAULT, OR ERROR MADE BY OUR STAFF, (G) OR FROM
RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR INFORMATION
ON THE APP.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATED LIABILITY OF ALVIO AND
ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS, CONTRACTORS, PARTNERS,
SUPPLIERS AND LICENSORS, AND ANYONE ACTING ON THEIR BEHALF, , FOR ANY AND ALL
DAMAGES WHATSOEVER ARISING FROM, OR IN CONNECTION, WITH THIS AGREEMENT OR THE
APP SHALL BE LIMITED TO THE GREATER OF THE FEES THAT YOU ACTUALLY PAID (IF ANY)
TO ALVIO DURING THE 12 MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO
THE DAMAGE, OR FIFTY (50) US DOLLARS.
NOTWITHSTANDING
ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS
AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES
OR REGULATIONS APPLICABLE TO THE APP, OR IF THROUGH YOUR USE OF THE APP, YOU
INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
Indemnification
To the maximum extent
permitted by law, you will indemnify and hold harmless at your own expense, us,
our Staff (including but not limited to our partners, suppliers and licensors) and
anyone acting on our or their behalf, from and against any damages, costs and
expenses, resulting from any claim, allegation or demand, connected with your
use of the App, your breach of these Terms or infringement of any other
person’s rights.
Application Marketplace
Your use of the App
may be subject to additional third party terms and conditions that govern that
application marketplace from which you downloaded the App, such as Google Play
or Amazon Appstore for Android. Those other third parties may be beneficiaries
of these Terms, pursuant to those marketplace’s terms. Such other third parties
are not responsible for providing maintenance and support services with respect
to the App.
The following terms
apply if you downloaded an App from Apple's App Store. You and us agree and
acknowledge as follows:
These Terms are
concluded between yourself and us, and not with Apple Inc. ("Apple").
Apple is not responsible for the App. In the event of a conflict between these
Terms and the App Store Terms of Service then the App Store Terms of Service
will prevail, solely with respect to the conflicting provisions.
The license granted
to you for the App is limited to a non-transferrable license to use the App on
any iOS Products that you own or control, and as permitted by the Usage Rules
set forth in the App Store Terms of Service, except that such App may be
accessed, acquired, and used by other accounts associated with the purchaser
via Family Sharing.
In the event of a
failure to conform to any applicable warranty (if any warranty is applicable),
you may notify Apple, and Apple will refund the purchase price for the App to
you (if you paid any). Apple has no other warranty obligation whatsoever with
respect to the App, and any other claims, losses, liabilities, damages, costs
or expenses attributable to any failure to conform to any warranty, will not be
at Apple’s responsibility.
Apple is not
responsible for addressing any claims by you or any third party relating to the
App or your possession and/or use of the App, including (i) product liability
claims, (ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement, and (iii) claims arising under consumer protection or
similar legislation.
In the event of any
third party claim that the App or your possession and use of the App infringes
that third party’s IP Rights, Apple will not be responsible for the
investigation, defense, settlement and discharge of any such infringement
claim.
You must comply with
applicable third party terms of agreement when using the App (e.g. you must not
be in violation of your wireless data services agreement when you use the App).
Apple and Apple’s
subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance
of these Terms, Apple will have the right (and will be deemed to have accepted
the right) to enforce these Terms against you as a third party beneficiary
thereof. You represent and warrant that (i) you are not located in a country
that is subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting” country; and (ii) You are not
listed on any U.S. Government list of prohibited or restricted parties.
Governing Law AND jurisdiction
Regardless of your place of residence or where you access
or use the App from, these Terms and your use of the App will be governed by
the laws of the State of Israel, excluding any otherwise applicable rules of
conflict of laws.
The competent courts in the Tel-Aviv district in Israel
will have exclusive and sole jurisdiction over any dispute, claim or
controversy arising from, or in connection with, the App and its use. You
hereby expressly consent to personal jurisdiction in Israel.
Notwithstanding the foregoing, we, and our Staff (including
but not limited to our partners, suppliers and licensors), may lodge a claim
against you pursuant to the indemnity clause above, in any court adjudicating a
third party claim against us.
General
Assignment. You may not assign or
transfer your rights and obligations under these Terms without our prior
written consent. Any attempted or actual assignment by you, without our prior
written consent, shall be null and void.
Changes in ownership. In the event of M&A,
we may, upon notice to you and without obtaining your consent, assign and
delegate these Terms, including all of our rights, performances, duties,
liabilities and obligations contained herein, to a third party in which case
the assignee assumes our stead and we are irrevocably released from all performances,
duties, liabilities and obligations contained herein.
Severability.
If
any provision of these Terms is held to be illegal, invalid, or unenforceable
by a competent court, then the provision shall be performed and enforced to the
maximum extent permitted by law to reflect as closely as possible, the original
intention of that provision, and the remaining provisions of these Terms shall
continue to remain in full force and effect.
Interpretation. The section
headings in these Terms are included for convenience only and shall take no
part in the interpretation or construing of these Terms. Whenever used in
these Terms, the term "Including", whether capitalized or not, means
without limitation to the preceding phrase. All examples and e.g. notations are
illustrative, not exhaustive.
Entire
agreement.
These Terms constitute the entire agreement between you and us concerning the
subject matter herein, and supersede all prior and contemporaneous negotiations
and oral representations, agreements and statements.
Waivers. No waiver,
concession, extension, representation, alteration, addition or derogation from
these Terms by us, or pursuant to these Terms, will be effective unless
consented to explicitly and executed in writing by our authorized representative.
Failure on our
part to demand performance of any provision in these Terms shall not constitute
a waiver of any of our rights under these Terms.
Relationship. These Terms do not
create any agency, partnership, employment or fiduciary relationship between
you and us.
At any time, you may
contact us with any question, request, comment or complaint that you may have
with respect to the App or these Terms, at: [contact@alv.io
or through our online contact form.
Effective Date: November
13, 2018.