Terms of Service

Last updated: January 1, 2024

1. Agreement to Terms

By accessing or using CardioMood's services, including our website, mobile applications, wearable devices, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

CardioMood provides heart rate variability (HRV) monitoring solutions, including:

  • CardioWatch wearable devices
  • Mobile applications for iOS and Android
  • Web-based dashboards and analytics platforms
  • APIs for third-party integrations
  • Professional and enterprise services

3. Account Registration

To use certain features of our Services, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

4. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful code or interfere with the Services
  • Attempt to gain unauthorized access to systems
  • Resell or redistribute the Services without authorization
  • Use the Services to provide medical diagnoses or treatment

5. Medical Disclaimer

CardioMood is not a medical device for diagnostic purposes. While our CardioWatch is CE-certified as a Class IIa medical device for monitoring, the information provided through our Services is for informational and wellness purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information provided by CardioMood.

6. Subscription and Payment

Certain Services require a paid subscription. By subscribing, you agree to:

  • Pay all fees associated with your selected plan
  • Provide valid payment information
  • Authorize recurring charges unless cancelled
  • Accept that fees are non-refundable except as stated in our refund policy

7. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, and software, are the exclusive property of CardioMood SA or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

8. Data and Privacy

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

9. Third-Party Services

Our Services may integrate with or link to third-party services. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk.

10. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CARDIOMOOD DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARDIOMOOD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES.

12. Indemnification

You agree to indemnify, defend, and hold harmless CardioMood and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Services or violation of these Terms.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Services will immediately cease.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Services after changes constitutes acceptance of the new Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.

16. Contact Us

If you have any questions about these Terms, please contact us at:

CardioMood SA
Chemin du Pré-Fleuri 5
1228 Plan-les-Ouates
Geneva, Switzerland
Email: legal@cardiomood.com