​The Biobeat pilot program with the IDF Medical Corps

​The Biobeat pilot program with the IDF Medical Corps

Biobeat is changing Military Medicine by allowing better and faster triage, on-line advanced physiological monitoring, and helping to achieve unprecedented situational awareness in austere and extreme combat situations! Recently, the IDF Medical Corps conducted a mass casualty drill in the Northern Command together with instructors from the IDF Military Medicine Academy, in which Biobeat’s wireless wearable monitoring systems (wrist watch or a patch) were applied. For the first time, medics, paramedics and field physicians were able to continuously monitor a wide range of vitals on-line, while other team members were able to monitor the same casualties far away in their headquarters, helping with decisions regarding triage, evacuation priorities, and immediate medical care including life-saving field operations and blood products use. Vital signs include continuous non-invasive blood pressure, stroke volume, cardiac output, pulse rate, respiratory rate, saturation, systemic vascular resistance, and more. The fact we have an Israeli AMAR clearance (FDA equivalent for medical devices) will facilitate introducing our sensors in the near future into medical units within the IDF Medical Corps.

BIOBEAT TERMS OF USE

Biobeat Ltd. (“Biobeat”, “we” or “us”) produce a watch which tracks various medical parameters (the “Watch”). The Watch, together with the Biobeat application to which the Watch transmits information tracked by it (“Biobeat’s Application”), allows you, the user, to monitor, organize, create reminders and make use of various other functionalities related to such information. The Watch, the Application, the Biobeat website: www.bio-beat.com (the “Website”), and any other services or devices provided by Biobeat shall be referred to herein, collectively, as the “Biobeat Services”. Please read these terms of use (these “Terms”) carefully as they govern your use of the Watch and create a binding contract between you and Biobeat.

BY USING THE WATCH IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS, AND THESE TERMS SHALL BE EFFECTIVE AS OF THE DATE OF SUCH USE (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WATCH.

  1. Use of Biobeat Watch and Biobeat Application

Use of the Biobeat Watch is permitted only to individuals above the age of 18. In order to take full advantage of all the features of the Watch, you will need to download, install and register on Biobeat’s Application. Use of the Watch without providing the required personal details (such as age, weight etc.) through Biobeat’s Application may produce or transmit inaccurate or incorrect information. Please note that in the process of downloading or installing Biobeat’s Application, you may be presented and/or be required to approve, Biobeat’s Application’s term of service, which shall govern your use of the Biobeat Services. In the event of any contradictions between the provisions of these Terms and the provisions of Biobeat’s Application terms and conditions, the provisions of Biobeat’s Application terms and conditions shall prevail.

  1. Change of Terms

We are entitled to change these Terms from time to time. We will notify you of changes to the Terms by posting them on Biobeat’s Application. Any such change shall be effective immediately upon such notification or posting (as applicable), except to the extent such change materially affects your rights hereunder, in which case the terms will be effective within 30 days of notification or posting (as applicable). By continuing to use the Biobeat Services following a change, you are accepting such change.

  1. Privacy

In addition to the information you are required to provide Biobeat, as part of Biobeat’s Application’s registration process, Biobeat’s Application collects and transmits data to Biobeat on an ongoing basis. Any information that Biobeat collects through your use of Biobeat’s Application, shall be subject to our Privacy Policy posted on Biobeat’s Application.

  1. Your Obligations; Permitted and Prohibited Uses

Amongst the other requirements of these Terms, you are required to comply in all respects with the instructions related to the use of the Watch, as specified in the documentation accompanying the Watch (for instance, without limitation, any instructions document, user manual or guide) and any instructions posted on Biobeat’s Application, to the extent downloaded by you (all collectively the “Documentation”).

The Watch and all other Biobeat Services are provided solely for your personal use, and any commercial use by you of any component of the Biobeat Services and/or the Biobeat Materials, and/or the Biobeat Stats are strictly prohibited.

  1. Limited Warranty

Biobeat warrants to the initial end-use purchaser of the Watch, and to such purchaser alone, that the Watch as delivered is and shall remain free from martial defects in materials or workmanship under normal use, for a period of 12 months from the original date of purchase from an authorized retail seller of the Watch (the “Warranty”, and the “Warranty Period”, respectively). Additionally, Biobeat shall have no liability whatsoever for any Warranty breach unless you notify Biobeat or its authorized resellers in writing promptly (and in no event later than 30 days) after discovery of the alleged non-compliance, such notification to include a detailed explanation of the alleged non-compliance. Determination of whether a Watch is non-compliant and the exercise of the Warranty in respect of a non-compliant Watch shall be in accordance with Biobeat’s instructions and applicable policies at such time.

Without derogating from any warranty disclaimers of Section 6, which shall apply to the Warranty as well, the Warranty shall not apply (a) to any Watch that has been subject to misuse, accident or neglect, or which has been used in a manner not compliant with these Terms, the Documentation, or industry practices and standards; (b) any Watch that has been operated with third party software or equipment not approved in writing for use with the Watch by Biobeat; and/or (c) any Watch that has been modified, supported or repaired by any third party not authorized in writing to do so by Biobeat. Additionally, the Warranty does not extend to any battery power supply included in/with the Watch. It is further clarified that Biobeat does not warranty the installation, maintenance, or service of the Watches, and that the Warranty does not include any coverage of shipping, handling, or delivery of non-compliant or replacement products.

Biobeat’s exclusive obligation with respect to a breach of the Warranty shall be, at its option, to either (i) repair the Watch (by itself or by one of its representatives); (ii) replace the Watch with an identical product or product having similar features as determined by Biobeat; or (iii) to refund you the purchase price paid for the Watch, all within a reasonable time, and solely to the extent it is determined by Biobeat that the Watch does not conform to the Warranty. The Warranty Period for any repaired or replaced Watch shall be the remainder of the original Warranty Period for the original Watch.

  1. Disclaimers; Use at Own Risk

OTHER THAN TO THE EXTENT SPECIFICALLY AND EXPLICITLY SEPCIFIED IN THESE TERMS OR THE DOCUMENTATION, THE WATCH IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. ANY WARRANTY PROVIDED IN THESE TERMS OR THE DOCUMENTATION SHALL NOT APPLY TO THE EXTENT THE WATCH IS USED IN A MANNER WHICH IS NOT COMPLIANT WITH THESE TERMS, THE DOCUMENTATION, AND/OR ANY OTHER APPLICABLE TERMS. While Biobeat aims to provide information, which is accurate and complete through the Biobeat Services, Biobeat, makes no warranty regarding the accuracy and completeness of any statistics, parameters, data or information monitored, collected and/or displayed through any of the Biobeat Services (“Biobeat Stats”). While certain components of the Biobeat Services are compliant with various international standards and regulations, the Biobeat Services, and the Biobeat Stats in particular, are not intended to diagnose, treat, monitor, cure, or prevent any disease, and are not intended to match or replace (a) any services or information produced by medical or scientific measurement devices, (b) any monitoring by you or your physicians of consumption of medication or any other medical parameters, and (c) any checkups, services or treatments by physicians and other medical care professionals. Additionally, Biobeat makes no warranty that the Watch and/or the Biobeat Services will meet your requirements and/or any medical or regulatory standards or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that if you rely on any Biobeat Services, including without limitation the Watch, Biobeat Stats, you do so solely at your own risk.

Without derogating from the aforementioned, you acknowledge that the Watch may be impaired, or produce or transmit inaccurate or incorrect information due to, without limitation (a) failure to provide the required  personal details through Biobeat’s Application or input by you of incorrect personal details; (b) use of the Watch when it is not fully charged; (c) cellular, internet and/or Bluetooth interruptions; (d) you belonging to certain populations (such as populations of certain age groups) with which the Biobeat Services do not optimally function.

You are required to consult with your doctors prior to the use of the Watch and the Biobeat Services.

  1. Limitation of Liability

NEITHER BIOBEAT, its affiliates and either of their officers and/or employees shall BE LIABLE for (a) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, costs, losses or expenses INCLUDING without limtiation LOSs of PROFITS, DATA and/OR GOODWILL ARISING OUT OF, OR IN CONNECTION WITH, THE biobeat services and/or YOUR OR ANY THIRD PARTY’S reliance upon the biobeat services (including withuot limitation the biobeat stats and/or reminders); and (b) damages, losses and/or expenses (“lOSSES”) ARISING OUT OF, OR IN CONNECTION WITH, THE biobeat services and/or YOUR OR ANY THIRD PARTY’S reliance upon the biobeat services (including withuot limitation the biobeat stats and/or reminders), IN AN AMOUNT EXCEEDING, FOR ALL CLAIMS IN THE AGGREGATE, the TOTAL AMOUNT YOU HAVE PAID FOR THE WATCH. THE AFOREMENTIONED SHALL APPLY REGARDLESS OF WHETHER A CLAIM IS BASED UPON CONTRACT, TORT (INCLUDING without limitation NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT biobeat HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIOBEAT AND YOU.

WITHOUT DEROGATING FROM THE ABOVE, BIOBEAT SHALL HAVE NO LAIBILITY WHATSOEVER FOR ANY INNACURACY, PERFORMANCE FAILURES, UNAVAILABILITY AND/OR LOSSES ARRISING OUT OF ANY USE OF THE WATCH AND/OR BIOBEAT’S SERVICES NOT IN ACCORDANCE WITH THESE TERMS AND/OR THE DOCUMENTATION, OR IN CONNECTION WITH, ANY EXTERNAL THIRD PARTY SERVICES UPON WHICH THE BIOBEAT SERVICES RELY (INCLUDING WITHOUT LIMITATION FALURES RELATED TO CELLULAR, INTERNET OR BLUETOOTH CONNECTION OF THIRD PARTY DEVICES OR PROVIDERS) AND/OR GENERALLY FROM CAUSES BEYOND BIOBEAT’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURE, NETWORK OR COMPUTER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, OR ACTS OF PROVIDERS OF THIRD PARTY SERVICES.

  1. Indemnity

You will indemnify and hold harmless Biobeat, its affiliates and their respective officers and/or employees, from and against any Losses (for clarification, the term Losses shall include without limitation reasonable attorney fees) incurred due to any third party suit, claim or procedure arising out of or connected with (i) your breach of these Terms, or (ii) the reliance by any third party upon the Biobeat Stats (an “Indemnifiable Claim”). Biobeat shall have the right to assume control of the defense and/or settlement of any Indemnifiable Claim, in which event you will cooperate with Biobeat in asserting any available defenses.

  1. Biobeat’s Rights

Biobeat retains all right, title and interest, including without limitation design rights, patents, copyrights, trade secrets, trademarks, and any other intellectual property rights (whether or not registerable) in and to the Watch, any other parts of the Biobeat Services, the Biobeat Materials and the technology, know how, and any other intellectual property (including without limitation any software) underlying the Biobeat Services or Biobeat Materials, including without limitation any improvements, updates, upgrades, error-corrections or other modifications thereto, and any derivative work based thereon, regardless of their creator. It is clarified that Biobeat licenses and does not sell its software (including without limitation any firmware on the Watch), and you are solely granted a non-transferable, non-exclusive license, without right to sublicense, and subject to these Terms and applicable payment, to use the software which is part of the Watch as part of your use of the Watch. No source code or license to use source code is provided hereunder. Except for the rights expressly granted to you hereunder, these Terms do not grant you any rights or licenses by implication or otherwise with respect to any of Biobeat’s intellectual property.

The term “Biobeat Materials” shall mean any names, texts, graphics, images, music, audio, video, works of authorship, names, and symbols of any kind, and information or other materials that are generated, displayed on, provided or otherwise made available through the Watch or Biobeat Services. No part of the Watch or any other parts of the Biobeat Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the Watch or any other parts of the Biobeat Service.

Without derogating from the above, as between you and Biobeat, Biobeat shall be the sole and exclusive owner of all rights to any and all information which was absorbed, collected and accumulated by the Watch or provided to Biobeat, and any ideas, inventions and/or improvements (whether protectable by any intellectual property protection or not) conceived or derived or resulting from such feedback or embodied therein (“Feedback”). You hereby irrevocably assign to Biobeat any rights that you may have in such Feedback, and to the extent such rights may not be assigned, you hereby provide Biobeat a royalty free, perpetual, worldwide, exclusive, irrevocable license to use such Feedback for any purpose, including commercial purposes.

10.   Updates

You agree that Biobeat may, without providing additional notice to you, automatically install updates to the Application or the Watch.

  1. Third Party Equipment or Applications

Biobeat may permit certain third parties (such as, without limitation, hospitals or medical equipment suppliers) to provide equipment or software which interoperates or relies upon the Watch or other portions of the Biobeat Services (“Third Party Components”). In the event of any such use of any part of the Biobeat Services in conjunction with Third Party Components, you acknowledge that additional third party terms and conditions may apply to such Third Party Components. BIOBEAT IS NOT THE PROVIDER OF SUCH THIRD PARTY COMPONENTS, MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO, AND SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH, SUCH THIRD PARTY COMPONENTS, INCLUDING WITHOUT LIMITATION WITH RESEPCT TO THEIR INTEROPERATION OR INTERACTION WITH THE WATCH OR ANY OTHER BIOBEAT SERVICES.

  1. Payment

The use of Biobeat’s Application may be subject to payment of certain fees or payments which are not covered by the payment made by you for the Watch, in amounts, or covering periods of usage, as may be determined by Biobeat and made known to you upon download and/or registration of Biobeat’s Application.

13.   Communication

Should you have any questions regarding these Terms, or wish to report a violation of these Terms or abuse of the Biobeat Service, to receive help or for any other matter, you may contact us at: info@bio-beat.com;

  1. Governing Law and Venue

Any disputes or claims arising out of or in connection with these Terms and/or any of the Biobeat Services, will be governed by, and construed in accordance with, the laws of the State of Israel. You hereby irrevocably agree that the competent courts of the Tel Aviv-Jaffa District of Israel shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms and/or the Biobeat Services (including any non-contractual disputes or claims).

  1. General Terms

The headings used in these Terms are for convenience of reference only and shall not affect the interpretation or meaning of the terms and provisions of these Terms.

No modification to these Terms will be effective unless agreed to in writing by Biobeat. A failure by Biobeat to partially or fully exercise any rights or the waiver of any default of any provision of these Terms by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Unless expressly provided otherwise herein, all remedies hereunder are cumulative and do not exclude any other remedies available by law.

If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.

BIOBEAT TERMS OF SERVICE

Welcome to the Biobeat Terms of Service! Biobeat Ltd. (“Biobeat”, “we” or “us”) produces a watch which tracks various medical parameters, together with the Biobeat application to which the watch transmits information tracked by it, allows you, the user, to monitor, organize, create reminders and make use of various other functionalities related to such information. The aforementioned watch and Biobeat application: [www.bio-beat.com ] (the “Application”), the Biobeat website: www.bio-beat.com (the “Website”), and any other services or devices provided by Biobeat shall be referred to herein, collectively, as the “Biobeat Services”). Please read these terms of services (these “Terms”) carefully as they govern your use of any of the Biobeat Services and create a binding contract between you and Biobeat.

YOU MUST ACCEPT THESE TERMS IN ORDER TO CREATE A BIOBEAT ACCOUNT AND IN ORDER TO USE THE BIOBEAT SERVICES. BY EITHER VISITING THE WEBSITE OR DOWNLOADING THE APPLICATION OR USING ANY COMPONENT OF THE BIOBEAT SERVICES, YOU ACCEPT THESE TERMS, AND THESE TERMS SHALL BE EFFECTIVE AS OF THE EARLIER TO OCCUR OF SUCH EVENTS (THE “EFFECTIVE DATE”). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT THE WEBSITE, DOWNLOAD THE APPLICATION AND/OR USE THE BIOBEAT SERVICES.

Change of Terms

We are entitled to change these Terms from time to time. We will notify you of changes to the Terms by posting them on the Application, or through the Biobeat Services or in any other way we deem appropriate. Any such change shall be effective immediately upon such notification or posting (as applicable), except to the extent such change materially affects your rights hereunder (including any change to the Services Payments, as defined below), in which case the terms will be effective within 30 days. By continuing to use the Biobeat Services following a change, you are accepting such change.

  1. Your Biobeat Account

Use of the Biobeat Services is permitted only to individuals above the age of 18.  In order to use the Biobeat Services you are required to create an account using the Application and provide the details required in such process (which may include certain health or personal parameters). You shall be solely responsible for any failure or inaccuracy of the Biobeat Services resulting from the input of incorrect details by you or failure to provide the required details. You are responsible for all activity that occurs in association with your account. Biobeat is not liable for any Loss (as defined below) caused by your failure to maintain the confidentiality of your account credentials.

  1. Your Information

Any information that Biobeat collects through your use of the Biobeat Services is subject to our Privacy Policy, which is part of these Terms. The Privacy Policy is available here: [www.bio-beat.com]. Please note that Biobeat Services allows you to share your information with third parties. Such information sharing will require active acts to be performed by you, as set forth under the Documentation (as defined below). Please note that such information sharing shall be solely and exclusively under your responsibility.

  1. Your Obligations

Amongst the other requirements of these Terms, you are required to comply in all respects with the instructions related to the use of the Biobeat Services specified in the documentation accompanying any component of the Biobeat Services (for instance, without limitation, any user manual or other instructions document accompanying any Biobeat device) or posted on the Website or the Application (the “Documentation”), including without limitation requirements related to the equipment required for use of certain components of the Biobeat Services (which may include, without limitation, a computer with adequate software, a supported mobile device and adequate internet access). You are solely responsible for the consequences of your failure to comply with the instructions of the Documentation.

  1. Permitted Uses

Subject to the full payment by you of the Services Payments applicable to components of the Biobeat Services the use of which is subject to payment, Biobeat grants you a limited, non-exclusive, non-transferable, non-sublicensable license, subject to these Terms, to (i) access and use the Biobeat Services, and (ii) solely to access and view the Biobeat Materials and Biobeat Stats (as defined below). This license is provided solely for your personal use, and does not allow for any commercial use by you of any component of the Biobeat Services and/or the Biobeat Materials, and/or the Biobeat Stats.

 

 

  1. Prohibited Uses

Notwithstanding anything to the contrary herein, you may not perform, attempt to perform, or encourage or assist others in performing any of the following: (i) connecting to or accessing any portion of the Biobeat Services other than through the use of the Biobeat Services (without limitation, use of any device that is not manufactured, distributed, or sold by or on behalf of Biobeat, including without limitation any knock off or counterfeit versions, is prohibited), (ii) using, displaying, mirroring or framing the Biobeat Services or any component of the Biobeat Services, any of the Biobeat Materials (as defined below), and/or any Biobeat Stats without Biobeat’s express written consent, (iii) accessing or tampering with non-public areas of the Biobeat Services, (iv) testing the vulnerability of any Biobeat system, breaching any security or authentication measures, or circumventing any technological measure implemented by Biobeat or any of its providers to protect the Biobeat Services, (v) decompiling, disassembling, reverse engineering, tampering with, or attempting to derive the source code of any portion of the Biobeat Services, (vi) copying, adapting, modifying, preparing derivative works based upon the Biobeat Services, Biobeat Materials and/or Biobeat Stats, and/or (vii) distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting or otherwise exploiting the Biobeat Services, Biobeat Materials, Biobeat Stats and/or any portion thereof in a manner not permitted herein.

  1. Disclaimers; Use at Own Risk

OTHER THAN TO THE EXTENT SPECIFICALLY AND EXPLICITLY SEPCIFIED IN THESE TERMS OR THE DOCUMENTATION, THE BIOBEAT SERVICES, AND THE BIOBEAT MATERIAL ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. ANY WARRANTY PROVIDED IN THE DOCUMENTATION SHALL NOT APPLY TO THE EXTENT (A) THE BIOBEAT SERVICES ARE USED IN A MANNER WHICH IS NOT COMPLIANT WITH THESE TERMS, THE DOCUMENTATION, AND/OR ANY OTHER APPLICABLE TERMS, INCLUDING IN PARTICLULAR AND WITHOUT LIMITATION TO THE EXTENT THE BIOBEAT SERVICES HAVE BEEN MODIFIED, CHANGED, OR REPAIRED BY ANY PARTY WHICH IS NOT BIOBEAT.

While Biobeat aims to provide information which is accurate and complete through the Biobeat Services, Biobeat, makes no warranty regarding the accuracy and completeness of any statistics, parameters, data or information monitored, collected and/or displayed through any of the Biobeat Service (“Biobeat Stats”). As part of the Biobeat Services, amongst others, you may create reminders for the consumption of certain medications (“Biobeat Reminders”) – Biobeat does not make any warranty with respect to the reliability, continuous function and timeliness of any Biobeat Reminders. While certain components of the Biobeat Services may be compliant with various international standards and regulations, the Biobeat Services, and the Biobeat Stats and Reminders in particular, are not intended to diagnose, treat, monitor, cure, or prevent any disease, and are not intended to match or replace (a) any services or information produced by medical or scientific measurement devices, (b) any monitoring by you or your physicians of consumption of medication or any other medical parameters, and (c) any checkups, services or treatments by physicians and other medical care professionals. Additionally, Biobeat makes no warranty that the Biobeat Services will meet your requirements and/or any medical or regulatory standards or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that if you rely on any Biobeat Services, including without limitation the Biobeat Stats and/or Biobeat Reminders, you do so solely at your own risk.

Without derogating from the aforementioned, you acknowledge that the Biobeat Services may be impaired,  produce or transmit inaccurate or incorrect output (including without limitation Biobeat Stats and/or Reminders) due to, without limitation (a) failure to provide the required  personal details or input by you of incorrect personal details; (b) use of a Biobeat device when it is not fully charged; (c) cellular, internet and/or Bluetooth interruptions; (d) you belonging to certain populations (such as populations of certain age groups) with which the Biobeat Services do not optimally function.

You are required to consult with your doctors prior to the use of the Biobeat Services.

  1. Limitation of Liability

NEITHER BIOBEAT, its affiliates and either of their officers and/or employees shall BE LIABLE for (a) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, costs, losses or expenses INCLUDING without limtiation LOSs of PROFITS, DATA and/OR GOODWILL ARISING OUT OF, OR IN CONNECTION WITH, THE biobeat services and/or YOUR OR ANY THIRD PARTY’S reliance upon the biobeat services (including withuot limitation the biobeat stats and/or reminders); and (b) damages, losses and/or expenses (“lOSSES”) ARISING OUT OF, OR IN CONNECTION WITH, THE biobeat services and/or YOUR OR ANY THIRD PARTY’S reliance upon the biobeat services (including withuot limitation the biobeat stats and/or reminders), IN AN AMOUNT EXCEEDING, FOR ALL CLAIMS IN THE AGGREGATE, the TOTAL AMOUNT YOU HAVE PAID TO biobeat FOR USE OF THE biobeat SERVICEs. THE AFOREMENTIONED SHALL APPLY REGARDLESS OF WHETHER A CLAIM IS BASED UPON CONTRACT, TORT (INCLUDING without limitation NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT biobeat HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIOBEAT AND YOU.

WITHOUT DEROGATING FROM THE ABOVE, BIOBEAT SHALL HAVE NO LAIBILITY WHATSOEVER FOR ANY INNACURACY, PERFORMANCE FAILURES, UNAVAILABILITY AND/OR LOSSES ARRISING OUT OF ANY USE OF BIOBEAT’S SERVICES NOT IN ACCORDANCE WITH THESE TERMS AND/OR THE DOCUMENTATION, OR IN CONNECTION WITH, ANY EXTERNAL THIRD PARTY SERVICES UPON WHICH THE BIOBEAT SERVICES RELY (INCLUDING WITHOUT LIMITATION FALURES RELATED TO CELLULAR, INTERNET OR BLUETOOTH CONNECTION OF THIRD PARTY DEVICES OR PROVIDERS) AND/OR GENERALLY FROM CAUSES BEYOND BIOBEAT’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURE, NETWORK OR COMPUTER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, OR ACTS OF PROVIDERS OF THIRD PARTY SERVICES.

Indemnity

You will indemnify and hold harmless Biobeat, its affiliates and their respective officers and/or employees, from and against any Losses (for clarification, the term Losses shall include without limitation reasonable attorney fees) incurred due to any third party suit, claim or procedure arising out of or connected with (i) your breach of these Terms, or (ii) the reliance by any third party upon the Biobeat Stats (an “Indemnifiable Claim”). Biobeat shall have the right to assume control of the defense and/or settlement of any Indemnifiable Claim, in which event you will cooperate with Biobeat in asserting any available defenses.

  1. Biobeat’s Rights

Biobeat retains all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, and any other intellectual property rights (whether or not registerable) in and to the Biobeat Services, the Biobeat Materials and the technology, know how, and any other intellectual property (including without limitation any software) underlying the Biobeat Services, including without limitation any improvements, updates, upgrades, error-corrections or other modifications thereto, and any derivative work based thereon, regardless of their creator. Except for the rights expressly granted to you hereunder, these Terms do not grant you any rights or licenses by implication or otherwise with respect to any of Bionbeat’s intellectual property. The term “Biobeat Materials” shall mean any names, texts, graphics, images, music, audio, video, works of authorship, names, and symbols of any kind, and information or other materials that are generated, displayed on, provided or otherwise made available through the Biobeat Services.

Without derogating from the above, as between you and Biobeat, Biobeat shall be the sole and exclusive owner of all rights to any and all information which was absorbed, collected and accumulated by the Biobeat’s Services or provided to Biobeat  provided by you, and any ideas, inventions and/or improvements (whether protectable by any intellectual property protection or not) conceived or derived or resulting from such feedback or embodied therein (“Feedback”). You hereby irrevocably assign to Biobeat any rights that you may have in such Feedback, and to the extent such rights may not be assigned, you hereby provide Biobeat a royalty free, perpetual, worldwide, exclusive, irrevocable license to use such Feedback for any purpose, including commercial purposes.

  1. Biobeat’s Enforcement Rights

We are not obligated to monitor your, or any other user’s, access or use of the Biobeat Services, but we have the right to do so for the purpose of operating the Biobeat Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms.

  1. Payment

Access and use of all or certain portions of the Biobeat Services are or may be subject to payment of certain fees or payments, in an amount, or covering periods of usage, as may be determined by Biobeat and made known to you from time to time (the “Services Payment”). Without derogating from other provisions hereof, paid periods or components of the Services shall only be available, and rights granted hereunder in respect thereof shall only be granted, for components and periods of the Biobeat Services in respect of which you have paid the applicable Services Payment (for avoidance of doubt, denial of use of the Services due to non-payment of Services Payments during any period shall not relieve you of your obligations to pay Services Payments for periods or components for which you have contracted).

  1. Termination

These Terms shall be effective as of the Effective Date and shall continue in effect until they are terminated as specified herein. You may terminate these Terms by permanently ceasing to use the Biobeat Services and either providing written notice to Biobeat of such termination or deleting all accounts you have with the Biobeat Services (in which case the Agreement shall terminate upon receipt of termination notice by Biobeat, or deletion, as applicable). You shall not be entitled to any refunds of Services Payments pursuant to a termination by you of these Terms. Biobeat shall be entitled to terminate these Terms, discontinue the Biobeat Services or any portion thereof (as further specified herein), and/or suspend your access to the Biobeat Services or any portion thereof, in its sole discretion at any time with or without notice for convenience or inability of Biobeat to continue providing the Services for an extended period of time, or if you breach or default under the provision of this Agreement (in which case no refund shall be due).

Upon termination or expiration of these Terms for any reason whatsoever all rights granted to you under these Terms shall immediately terminate, you shall not be entitled to use the Services, and all outstanding Services Payments will immediately become due and payable. For avoidance of doubt, Biobeat’s entitlement to receive Services Payments in respect of any period of services in respect of which Services Payments are due (if any) shall exist upon the commencement of such period, regardless of whether these Terms and the Biobeat Services were terminated prior to its conclusion or not, and all fees due in respect of any such term you have contracted for (if any) shall remain due regardless of termination.

Notwithstanding anything herein to the contrary, following termination of these Terms, any information or data related to you, including without limitation Biobeats Stats related to you, will no longer be available to you through the Biobeat Services or otherwise made available to you, and Biobeat shall have no obligation whatsoever (but shall be entitled to) to retain such information or data (you also acknowledge that un-installment or deletion of the Biobeat Services may lead to the immediate deletion of all such information or data).

Notwithstanding the forgoing, any provisions of these Terms that by their nature are intended to survive termination, including without limitation the provisions of sections 3,6,7,8,9,10.12.17 and 18 of the Terms, shall not be affected or prejudiced by such termination.

12.   Updates

You agree that Biobeat may, without providing additional notice to you, automatically install updates the watch’s software.

  1. Third Party Equipment or Applications

Biobeat may permit certain third parties (such as, without limitation, hospitals or medical equipment suppliers) to provide equipment or software which interoperates or relies upon the watch or other portions of the Biobeat Services (“Third Party Components”). In the event of any such use of any part of the Biobeat Services in conjunction with Third Party Components, you acknowledge that additional third-party terms and conditions may apply to such Third-Party Components. BIOBEAT IS NOT THE PROVIDER OF SUCH THIRD-PARTY COMPONENTS, MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO, AND SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH, SUCH THIRD-PARTY COMPONENTS, INCLUDING WITHOUT LIMITATION WITH RESEPCT TO THEIR INTEROPERATION OR INTERACTION WITH THE WATCH OR ANY OTHER BIOBEAT SERVICES.

  1. Additional Terms

Other policies and terms which shall be made available to you in a manner deemed fit by Biobeet (including without limitation by providing a physical copy of such terms alongside physical devices which are components of the Biobeat Services) may apply to the use of the Biobeat Services.

  1. Alerts and Notifications

As part of your use of the Biobeat Services, you may receive notifications, text messages, alerts, or e-mails. You agree to the receipt of these communications. You can control receipt of related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

  1. Changes to Services

Biobeat may change or discontinue, temporarily or permanently, any feature or component of the Biobeat Services at any time, with or without notice, without incurring any liability to you aside from as explicitly specified herein. Biobeat reserves the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Biobeat products without prior notice to you.

  1. Governing Law and Venue

Any disputes or claims arising out of or in connection with these Terms and/or the Biobeat Services, will be governed by, and construed in accordance with, the laws of the State of Israel, excluding its conflict of law principles. The parties irrevocably agree that the competent courts of the Tel Aviv-Jaffa District of Israel shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this Agreement and/or the Biobeat Services (including any non-contractual disputes or claims).

  1. General Terms

The headings used in these Terms are for convenience of reference only and shall not affect the interpretation or meaning of the terms and provisions of these Terms. These Terms constitute the entire agreement between the parties regarding the use of the Biobeat Services (other than to the extent explicitly specified herein), and supersede any previous arrangement, understanding or agreement between you and Biobeat, written or oral, relating thereto. No modification to these Terms, nor any waiver of any rights, will be effective unless agreed to in writing by Biobeat. Neither party’s waiver of any breach or default of any provision of this Terms shall constitute a waiver of other provisions or any other right hereunder, or a waiver of any subsequent breach or default. Unless expressly provided otherwise herein, all remedies hereunder are cumulative and do not exclude any other remedies available by law. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect. These Terms do not confer any rights on any third party. The parties expressly agree that they are independent contractors, and nothing in this Agreement is intended to or shall be interpreted to create a partnership or a joint venture between the parties, or authorize either party to act as agent for the other. You shall not, without the prior written consent of Biobeat, assign, transfer, or sub-contract these Terms and/or any of your rights or obligations under these Terms, and any unauthorized assignment shall be null and void. Biobeat may, at any time, freely assign, transfer or sub-contract any of its rights or obligations under these Terms.

  1. Contact Details

Any required or permitted notices hereunder must be given in writing (a) if to Biobeat, by E-mail to the following address: info@bio-beat.com; or by registered, express, or certified mail, return receipt requested, postage prepaid, or nationally-recognized private express courier to the following address: Magshimim 26 Petha Tikva, Israel; and (b) if to you by e-mail to the e-mail address with which you registered for the Biobeat Services. Notices will be deemed received within 1 business days in the region of Biobeat’s headquarters (“Business Days”) from the delivery date if sent by e-mail, and within 5 Business Days from the delivery date if sent by other methods permitted herein.

These Terms were last updated on March 4th, 2018

BioBeat Privacy Policy

We, at BioBeat, put great efforts in making sure that your personal information is safe and used properly. We do not ask you to reveal your identity to us and we do not collect personal identifiers, as further described in this policy.  We describe in this policy how we use and process information related to you (“Your Information”).

This policy explains our practices for processing Your Information on our BioBeat medical self-monitoring systems (the “Service”). We process Your Information subject to the terms of this policy.

The summary of this policy will give you a quick and clear view of our practices. Please take the time to read our full policy.

A SUMMARY OF THE POLICY

The Information That You Provide Us – We request minimal details in order to provide the Service. We may receive personal information when we communicate. Read More.

The Information That We Collect – We automatically log ‘traffic/session’ information including IP addresses and operating system. We collect session durations and additional activity information. Read More.

We do not Knowingly or Intentionally Identify you. – We do not collect names, IDs and other identifiers and do not make any efforts to reveal your identity. Read More.

Sharing information with others – We may share information with our service providers. We may transfer information as needed if we change our corporate structure, and we may share the information with our affiliate entities. Read More.

What Do We Do with Your Information? – We use Your Information to provide the Service, to maintain the Service make it better and continue developing it, and to protect us and the Service from misuse and law violations. Read More.

Aggregated and Analytical Information – We use aggregated data for legitimate business purposes and may use standard analytical tools. Read More.

Your Choice – You may terminate your use of the Service. Read More.

Data retention – We retain data as needed, to provide the Service and for legitimate and lawful purposes. Read More.

Transfer of data outside your territory – We may store and process information in various sites throughout the globe, including in sites operated and maintained by cloud based service providers. Read More.

Accessing Your Information – At any time you may request to access Your Information. We do not you’re your name, email address or other identifiers and we may not be able to accommodate your request. Read More.

Your EU Data Subject Rights – If we process information related to you when you are in the EU we will take commercially reasonable efforts in supporting your data subject rights. Exercising your rights will require you to identify yourself to us. Read More.

Information Security – We implement systems, applications and procedures to secure Your Information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of Your Information. Read More.

Changes to this Policy – We may update our policy from time to time after giving proper notice.

Incorporation to the Terms of Use – This policy is an integral part of the BioBeat Terms of Use.

Contact Us – Please contact our Compliance Officer at: info@bio-beat.com for further information.

 

 

BioBeat Privacy Policy

The Information That You Provide

When you use our Service, we will ask you to provide certain general details about you (age, height, weight, gender) and health information (pulse and blood pressure at rest), you may provide optional health information (such as illnesses, medicine, etc.). We will explicitly indicate the fields that are mandatory to complete.

When you contact us, or when we contact you, we may receive and process any personal information that you provide us.

The Information That We Collect

When you access the Service application, our servers log certain ‘traffic/session’ information from your device, such as the browser type, operating system and the Internet Protocol (IP) address.

When you use the Service application, we collect information about your Service activity, for example your log-in and log-out time, the duration of Service sessions, activity measures, etc.

We do not Knowingly or Intentionally Identify you

We do not ask you to provide us, and do not collect any direct identifiers such as your name, physical address, email address, telephone number, credit card number or a government issued ID.

We have no legal power to enforce internet service providers that allocated your IP addresses to access the Service online, to provide us identifying details from your account with these providers.

We do not take any intentional action to know your identity, based on Your Information.

We do not knowingly or intentionally match the information that you have provided us, or that we collect about you, with any external identifying data.

However, as part of the Service, we use reasonable practices and controls to secure Your Information and to use it properly and lawfully.

What Do We Do with Your Information?

We use Your Information to provide the Service to you and to other users, to enable the Service’s tools and features, to study and analyze the functionality of the Service and users’ activities, to improve the Service, to develop and offer additional features, functionality and services, to provide support, to measure Service activity and to maintain the Service.

We obey the law and expect you to do the same. If necessary, we may use Your Information to enforce our terms, policies and legal agreements, to comply with court orders and warrants, and assist law enforcement agencies, to collect debts, prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Service, and to take any action in any legal dispute and proceeding.

Sharing Your Information with others

We may share Your Information with additional individuals and entities subject to your instructions, including other users that you authorize to access your Service account, medical institutions and others. We may also share Your Information to service providers, vendors and other third parties, if necessary to fulfill the purposes for collecting the information and provide you with information, offers and additional services.

We may also share Your Information with companies or organizations connected, or affiliated with us, such as subsidiaries, sister-companies and parent companies, with the express provision that their use of such information will comply with this policy.

Additionally, a merger, acquisition or any other structural change may require us to transfer Your Information to another entity, provided that the receiving entity will comply with this policy.

If we want to share Your Information in any other circumstances we will receive your prior written consent.

Aggregated and Analytical Information

We use anonymous, statistical or aggregated information and may share it with our partners for legitimate business purposes. We will share Your Information with third parties for legitimate purposes, only if we reasonably believe that Your shared Information does not identify you.

Data Retention

We retain different types of information for different periods, depending on the purposes for processing the information, our legitimate business purposes as well as pursuant to legal requirements under the applicable law.

We may keep aggregated non-identifiable information without limitation, and to the extent reasonable we will delete or de-identify potentially identifiable information, when we no longer need to process the information.

In any case, as long as you use the Service, we will keep information about you, unless we are required by law to delete it, or if we decide to remove it at our discretion.

Transfer of data outside your territory

We may store and process information in various sites throughout the globe, including in sites operated and maintained by cloud based service providers. If you are a resident in a jurisdiction where transfer of Your Information to another jurisdiction requires your consent, then you provide us your express and unambiguous consent to such transfer.

If you are a resident of the European Economic Area (EEA), Your Information is processed and stored by Amazon Web Services (AWS) Cloud in the Ireland on our behalf in accordance with the highest degree of security of AWS.

To the extent necessary under EU privacy laws and regulations, we will implement data onward transfer instruments, such as the Controller to Processor Standard Contractual Clauses, the Controller to Processor Standard Contractual Clauses, the Privacy Shield Framework and a statement of compliance with the Privacy Shield Principles, and such other lawful instruments to transfer Your Information, as may be available from time to time.

Choice

At any time, you may disable your account through the Service application.

We request and collect minimal details that we need for the purposes described in this policy. At any time, you may opt to terminate your use of the Service. Thereafter, we will stop collecting any information from you. However, we may store and continue using or making available certain information that is related to you. For further information, please read the Data Retention section in this policy.

Accessing Your Information

At any time, you may contact our Compliance Officer at: info@bio-beat.com  and request to access information that we keep about you. We may need to ask you to provide us certain credentials to make sure that you are who you claim you are and we will make reasonable efforts to locate Your Information on our systems. Note that we do not keep your name, email address or other identifiers and we may not be able to accommodate your request. If you find that Your Information is not accurate, complete or updated, then please provide us the necessary information to correct it.

Your EU Data Subject Rights

We collect and receive information that has no direct identifiers.  If we process information related to you when you are in the EU, we will take reasonable efforts in supporting your following data subject rights:

Right to access the data that we keep about you. We may need to ask you to provide us certain credentials to make sure that you are who you claim you are. If you find that the data is not accurate, complete or updated, then you may provide us with the necessary information to rectify it.

Right to withdraw your consent to the processing of Your Information. Exercising this right will not affect the lawfulness of processing based on consent before its withdrawal.

Right to request to delete or restrict access to Your Information. We may postpone or deny your request if your personal information is in current use for providing our Service or to other legitimate purposes such as compliance with regulatory requirements.

If you exercise one (or more) of the above-mentioned rights, in accordance with the provisions of applicable law, you may request to be informed that third parties that hold Your Information, in accordance with this Policy, will act accordingly.

Right to ask to transfer Your Information in accordance with your right to data portability.

Right to object to the processing of Your Information for direct marketing purposes.

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affecting you.

You have a right to lodge a complaint with a data protection supervisory authority.

We do periodical assessments of our data processing and privacy practices, to make sure that we comply with this policy, to update the policy when needed, and to verify that the policy is displayed properly and accessible.

If you have any concerns about the way we process Your Information, you are welcome to contact our Compliance Officer at: info@bio-beat.com , or write to us to: BioBeat Ltd., [p.o 7707 Zoran ]. We will look into your inquiry and make good-faith efforts to resolve any existing or potential dispute with you.

Information Security

We and our hosting services implement systems, applications and procedures to secure Your Information (including encryption of the information), to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information.

These measures provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that the Service will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

Changes to this Privacy Policy

From time to time, we may update this policy. If the updates have minor if any consequences, they will take effect 7 days after we post a notice on the Site. Substantial changes will be effective 30 days after our notice was initially posted. Until the new policy takes effect, you can choose not to accept it and terminate your use of the Site. Continuing to use the Site after the new policy takes effect means that you agree to the new policy.

Note that if we need to adapt the policy to legal requirements, the new policy will become effective immediately or as required.

Incorporation to the Terms of Use

This policy is an integral part of the BioBeat Terms of Use [ www.bio-beat.com ].

Contact Us

Please contact our Compliance Officer at: info@bio-beat.com  for further information.

Last updated: January 24, 2018.

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