GENERAL TERMS AND CONDITIONS
(„GTC“)

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY:

1. The Company shall not be liable for any damages inflicted to you or a third party in connection with the use of the MyKARDI, and provides only minimal guarantees to the MyKARDI.

2. MyKARDI is a user application that is not a medical device, is not used to diagnose, evaluate data or diagnose heart disease, and does not replace a physician or take responsibility for your behavior. By accepting these GTC, you acknowledge that you are solely responsible for your use of MyKARDI and your health.

3. The use of software MyKARDI or Equipment offered by the Company does not replace the user's consultation with a doctor.

4. The user expressly acknowledges that any data obtained via MyKARDI may contain errors. The Company does not accept any responsibility for the accuracy of this data to the extent permitted by law.

5. Do not hesitate to contact us through our internet site,  email or by phone with any questions.
   

2. SUBJECT MATTER

1. Upon acceptance of these GTC, the Company grants its users permission to use the MyKARDI platform and the MyKARDI application. App MyKARDI means applications for Apple iPhones, Android phones and other smartphones and devices including tablets („Devices“) globally that can be used separately on the Device and in conjunction with the platform.

2. The user hereby confirms his awareness that as a result of the transfer of data from the Device to the platform, the mobile service provider will incur certain costs borne by the user.

3. If you choose to subscribe to and use the app, the Company grants you a limited license to access and use the MyKARDI platform and app, subject to and conditioned upon your compliance with the GTC, the Privacy Policy, and any other rules and requirements communicated to you by the Company, including your payment of any applicable fees. You acknowledge and agree that the Company may modify, update, and otherwise change the MyKARDI platform and app at any time and in its sole discretion.

3. REGISTRATION

1. The one-time registration is required for using MyKARDI as well as the need to reach the minimum age of 18, because of the requirement that the contract can be concluded only by persons legally competent to conclude contracts in their own name and on their own responsibility. .

2. For the purposes of registration, the user must provide the data required by the registration form, e.g. first name, surname, date of birth, in full and correctly, except for the data marked as optional. Registration is only possible for the user's civil name, so fictitious names or pseudonyms cannot be used.

3. The functions of MyKARDI can only be used after proper registration, ordering and payment of the selected subscription according to the valid price list of the Company.

4. Upon payment, the user confirms his information and full consent to the content of these GTC and the fact that all registration data is true, accurate, current and complete and that the user will keep all registration data up to date.

5. The Company reserves the right to reject the user registration without giving a reason. In this case, all transferred data will be deleted immediately and the paid subscription will be refunded to the user unless otherwise stated.

6. If the user provides any information that is false, inaccurate, out of date or incomplete, or if the Company has reasonable grounds to suspect that such information is inaccurate, out of date or incomplete, the Company will have the right to provide such account immediately and without notice suspend or cancel and refuse any current and future use of the use of MyKARDI, and the registered user will not be entitled to any refund of the amount paid to date.

7. The Company has the right to close or cancel the account of any registered user in case of any unauthorized or fraudulent use of the account.

8. The Company is not responsible for the true identity of the user.

9. The Company reserves the right to change options or features of MyKARDI. Unless the changes have a negative material impact on use of the application, the Company will not refund amounts already paid, unless otherwise stated.‍
   

4. TERMS OF USE OF MyKARDI AND THE EQUIPMENT

1. Compatibility and data transfer. The Software was developed exclusively for use together with wearable heart rate monitor device determined as compatible by the Company (hereinafter referred to as “Equipment”) which sends the collected data to the Device via Bluetooth at regular intervals for collection by software MyKARDI. Sending and saving data from Equipment only takes place if the Device is connected to the Internet and Bluetooth is turned on both Equipment and the Device. The Internet connection is provided by the User at his own expense. Company warns that software MyKARDI may not work with devices other than Equipment determined by the Company. For this reason, the software MyKARDI only requires a connection with Equipment. User is obliged to read the Equipment manual before the first use (in particular, it is necessary to ensure that the Equipment is clean, regularly washed and correctly fitted and tightened for accurate results, equipped with a charged battery). If Equipment is not used properly and in accordance with the instructions for use, the results recorded in the software MyKARDI may be skewed, for which the Company assumes no responsibility. The software does not evaluate the collected data.

2. The Company is entitled to offer the user one compatible Equipment as part of the ordering and paying of the first subscription. The provision of the Equipment is firmly linked to the first subscription. A handover report will be drawn up. Upon handover and payment of the first subscription, the user becomes the owner of the Equipment. Risk of damage to the Equipment shall pass to the user upon receipt of the Equipment. The user, who is a consumer, is granted a warranty period of 24 months from the date of receipt of the Equipment. The user is obliged to make a claim directly to the Company without undue delay after the defect has been detected, at the Company's registered office address or by e-mail: support@mykardi.com.

3. You shall not use the platform or the app for any purposes beyond the scope of the access granted in these GTC. You shall not at any time, directly or indirectly, and shall not permit any third-party to: (i) license, copy, modify, or create derivative works of the platform or the app, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any component of the platform or the app, in whole or in part; or (iii) use the platform or the app in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including but not limited to web scraping), or that otherwise violates any law, regulation, or other legal requirement.

4. Each user account and user data can be tracked via a unique QR code that will be communicated to the user. The user is entitled to communicate the QR code to any other third party under his/her responsibility. In such case, the Company shall not be liable for the disclosure of the QR code and any disclosure of data by the third party selected by the user.

5. SUBSCRIPTION

1. The Company offers different subscription periods. Types of subscriptions and valid prices can be viewed  within the activation email and inside the patient information leaflet.All prices are subject to change at any time at Company's discretion. Any price changes will be announced on the platform or in the app. In the event that the subscription includes delivery of the Equipment, the user shall not pay the price of the Equipment if the user pays the agreed subscription fee in full.

2. If the delivery of the Equipment is part of the subscription, the contract for the provision of services from the subscription takes effect from the moment the Equipment is delivered to the user. Payment for the subscription, which includes the delivery of the Equipment, is due within 30 days from the date of delivery of the Equipment to the user, unless the consumer exercises its legal right to withdraw from the contract (Article VIII. paragraph 2).

3. By ordering the delivery of the Equipment, the user understands that the Equipment has a value equal to the amount of the subscription for a period of 3 months according to the valid price list of services on the day of ordering the services. If the ordered subscription is not paid within 30 days from the date of delivery of the Equipment to the user and the user does not return an undamaged, unpacked and unused Equipment back to the Company at user’s own expense, the Company is entitled to claim payment of the value of the Equipment and the user is obliged to pay this value of the Equipment to the Company.

4. Unless otherwise stated, the payment is made in advance for each subscription period.

5. User can cancel the subscriptions at anytime by contacting our support email or customer service. The Company does not provide a refund the subscriptions, due to the fact, that the subscription includes the payment for the Equipment handed over and the services in connection with the data storage.

6. Unless the user cancels his subscription, each paid subscription period ends only at the end of the agreed period.

6. USER’S OBLIGATIONS

1. The user has to protect his account MyKARDI from unauthorized and fraudulent use. Such conduct must be reported to the Company without undue delay, otherwise the Company will not provide a refund of any amounts paid to the Company prior to the user reporting the unauthorized and fraudulent use of the account.
2. The Company further reserves the right to terminate the user's registration and subscription for serious reasons, such as a gross breach of the user's obligations under the provisions of these GTC and ancillary contractual arrangements.
3. The user may use MyKARDI only in accordance with the user documentation (if available), instructions for using the MyKARDI software can be found here: www.kardi-ai.com/cz/mykardi-manual, the user is obliged to familiarize himself with this documentation before first use; and in a manner that may be deemed reasonable, customary and not abusive of the Company's rights or legitimate interests. By using MyKARDI, the user shall in no way unlawfully interfere with the rights of the Company or third parties.
4. The user may not interfere with the Company network, including Company‘s products, using technical or electronic means such as hacking attempts, brute force attacks, virus / worm / Trojan virus infestation, and any other interfering attempts at Company‘s software or hardware.
5. The Company reserves the right to remove user-created content without giving a reason. In such a case, the user will be notified by the Company without undue delay.

7. TERMINATION OF MYKARDI

1. The Company reserves the right to terminate one or more MyKARDI apps. All users will be notified about such termination. After this notification, users have the right to use the app for the duration of the current subscription period. However, it may not be possible to download the app on another Device during this period and the Company will not update the app during this period. The Company shall not be liable for this.

8. RIGHTS OF THE CONSUMERS

1. If you are a registered user and use the MyKARDI for a purpose unrelated to your business or professional self-employment, the following provisions of the Czech Consumer Protection Act, among others, apply to you as a consumer:

2. If the contract was concluded outside the Company's business premises you may withdraw from the contract with the Company in writing, e.g. by letter or e-mail, without giving reasons within 14 days from the date of conclusion of the contract. You can cancel the contract by sending your withdrawal to KARDI AI Technologies s.r.o., 28. října 459/11, 779 00 Olomouc. If the subscription included the delivery of the Equipment, it is necessary that you also send the unused, unpacked and undamaged Equipment to this address. In the event that you have removed the Equipment from its original packaging, i.e. compromised its hygienic protection, then it cannot be returned for hygienic reasons, or in case that the Equipment will be returned, but bears signs of use or damage (including the packaging), the Company shall be entitled to claim a payment of the amount equal to the value of the Equipment and deduct such amount from the amount of the subscription already paid by you which would have been refunded to you had you exercised your right of withdrawal in a proper and timely manner. Any costs incurred by you in connection with the cancellation and return of the Equipment shall be borne solely by you.
   

3. You can exercise your right to withdraw from the contract using the following form:
   

I, name: ________________________, date of birth: ____________________, address: _________________________, hereby declare that I withdraw from my contract for the supply of the following service: ____________________________, and goods: _________________________,
ordered on ________________________.

In:        Date:            Signature:

4. In the event of withdraw from of the contract, the subscription fee already paid will be refunded. However, the Company shall be entitled to credit the proportionate part of the subscription fee attributable to the period between the conclusion and withdraw.
5. The body responsible for out-of-court settlement of consumer disputes is the Czech Trade Inspection (website: https://www.coi.cz/).
   

9. LIABILITY

1. The Company is not responsible for inaccurate user-generated content.

2. MyKARDI is provided only “as is” without any warranty as to its functionality, fitness for particular purpose or reliability and the Company is not responsible for any defect of the Software. The Company is not obliged to (and does not provide You with guarantees to) a future development or providing You with updates, innovation or any other components or versions of the MyKARDI.

3. The Company is liable in accordance with the currently applicable laws, regardless of the legal basis of such liability (pre-contractual, contractual, civil) only if the Company itself causes specific damage intentionally or through gross negligence. In the event of slight negligence, the Company is not liable to other business entities or to consumers for personal injury. The Company is not liable to business entities for consequential damages, simple pecuniary damages, lost profits or damages resulting from third party claims.

4. Neither the Company nor any of its affiliates is liable for damages resulting from the use of content made available through the use of the online platform or any other form of use of MyKARDI products. This also applies to damage resulting from errors, problems, viruses or data loss.

5. The Company accepts no responsibility for downloaded materials or materials obtained through the use of MyKARDI. The registered user is solely responsible for any damage caused by these materials to the system of his Device or for information that is lost as a result of downloading materials from any of MyKARDI products.

6. You expressly agree that the platform and the app do not involve the provision of medical advice. The platform and the app are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The platform and the app are for informational purposes only and cannot replace the services of physicians or medical professionals. The services, including all information, text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, and other materials, whether provided by us or third parties, is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call, or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health-related questions, please call or see your physician or other medical provider promptly. Should you have an emergency, call your physician immediately. You should never disregard medical advice or delay in seeking medical advice because of any information presented on the platform and/or the app, and you should not use the platform and the app or any information provided in the platform and the app for diagnosing or treating a health problem. The transmission and receipt of platform and the app, in whole or in part, or communication via the internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and Company.
   

10. THE OWNERSHIP AND SECURITY OF DATA

1. All Your data remain solely your property. The Company is not liable for the data and reserves the right to erase Your data according to the terms of GTC. The Company does not interfere, access or otherwise use Your data but for the purpose of fulfilling the scope of the platform and/or app services, technical arrangements of their transfer, except in cases when (a) it is required by applicable laws or applicable laws hold the Company liable for the data, or (b) the Company analyses aggregate data for the purpose of market trends evaluation and improvements and further development of the software MyKARDI. The Company reserves the right to freely dispose with aggregate data analysis, use it to own advantage and resell the anonymized results of the analysis to third parties. The Company declares that all data stored at the server side of the software MyKARDI are by standard means, adequately secured against unauthorized or accidental access, modification, deletion or loss; however, should the above happen, the Company is not liable thereof.

11. PRIVACY POLICY

‍The user is obliged to read the privacy policy here:: https://www.kardi-ai.com/privacy-policy
‍

12. FINAL PROVISIONS

1. The Company reserves its right to change this VOP unilaterally at any time. You will be informed about the change of terms to the provided e-mail address and/or by the Software. Should you disagree with new terms, you have the right to terminate your registration and subscription within 14 days.

2. Contract cannot be accepted with reservation, addendum, deviation or by other words. Should you have any objection against any part of contract, you must refrain from any future use of the MyKARDI.

3. The Company's notification of the user will be in the form of an alert on the platform or the app, or an email notification.

4. Contract and all legal relationships (including non-contractual) arising out of it are governed by Czech law.

5. In the event that some individual provisions of these GTC are invalid or expired, all other provisions remain in full force and effect.

6. The English version has an informative character.
   

These GTC comes into effect on 1.3.2023