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Terms of Service
Last updated Feburary 26, 2020
1. Agreement to Terms
1.1 These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Matthias Kluett, Erasmusstraße 5, 40223 Duesseldorf, Germany (AVAX Blood Pressure, AVAX App, we, us), concerning your access to and use of the AVAX Blood Pressure (https://avax.app) website and mobile applications, as well as any related applications (the Services).
You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Service.
If you do not agree with all of these Terms of Service, then you are prohibited from using the Services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Service for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted throughout the Services from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms of Service at any time. The updated version of these Terms of Service will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms of Service to stay informed of updates. Your continued use of the Services represents that you have accepted such changes.
1.4 We may update or change the Services from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 The information provided throughout the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Services are intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Services or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Services include:
2. Acceptable Use
2.1 You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Services, you agree not to:
Systematically retrieve data or other content from the Services to a compile database or directory without written permission from us
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Attempt to impersonate another user or person, or use the username of another user
Delete the copyright or other proprietary rights notice from any of the content
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms of Service; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at firstname.lastname@example.org.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Services, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Services; or (b) allowing us to access your Third Party Account, as is permitted under the applicable Terms of Service that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the Terms of Service that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists;and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account throughout the Services. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Services.
You will have the ability to disable the connection between your account throughout the Services and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. At your email request to email@example.com or through your account settings (if applicable), we will deactivate the connection between the Services and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Services or send feedback to us (User Content).
4.2 You agree that we can use your User Content for the purposes of providing the Services in perpetuity without payment to you, and combine your User Content with other content for use within the Services and otherwise. We do not have to attribute your User Content to you.
4.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.4 We have the right to remove any User Content you put in the Services if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Services do not represent our views or values
5. Our content
5.1 Unless otherwise indicated, the Services including source code, databases, functionality, software, websites designs, audio, video, text, photographs, and graphics throughout the Services (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except as expressly provided in these Terms of Service, no part of the Services, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Services, you are granted a limited licence to access and use the Services and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorised access to the Services or any networks, servers or computer systems connected to the Services; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Services or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall prepare the Services and Our Content with reasonable skill and care.
5.6 The content throughout the Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content throughout the Services.
5.7 Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that Our Content throughout the Services is accurate, complete or up to date.
6. Services Management
6.1 We reserve the right at our sole discretion, to (1) monitor the Services for breaches of these Terms of Service; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms of Service; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
6.2 We do not guarantee that the Services will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs and platform to access the Services and you should use your own virus protection software.
7. Modifications to and availability of the Services
7.1 We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.We are not obliged to maintain and support the Services or to supply any corrections, updates, or releases.
7.3 There may be information throughout the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
8. Disclaimer/Limitation of Liability
8.1 The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk except as expressly set out in these Terms of Service. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Services’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms of Service if such delay or failure is caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms of Service, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Service, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Services/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the amount paid, if any, by you to us for the Services/Services during the six (6) month period prior to any cause of action arising.
If you are a consumer user:
Please note that we only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms of Service will affect these legal rights.
9. Term and Termination
9.1 These Terms of Service shall remain in full force and effect while you use the Services or are otherwise a user of the Services, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org.
9.2 Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Services/Services is in breach of these Terms of Service or of any applicable law or regulation, we may terminate your use or participation in the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. Mobile Application
10.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of Service of this license.
10.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms of Service or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) 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;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
11.1 Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and throughout the Services, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2 These Terms of Service and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Services.
11.8 For consumers only- Please note that these Terms of Service, their subject matter and their formation, are governed by German law. You and we both agree that the courts of Germany will have exclusive jurisdiction. If you have any complaint or wish to raise a dispute under these Terms of Service or otherwise in relation to the Services please follow this link http://ec.europa.eu/odr
11.9 Except as stated under the Mobile Application section, a person who is not a party to these Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.
11.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com or by post to: