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CARDIOMO TERMS AND CONDITIONS OF USE

General Provisions

These Terms and Conditions of Use (hereinafter referred to as the “Terms of Use”) apply to the Cardiomo website located at https://cardiomo.com (hereinafter referred to as the “Website”), all associated sites as Cardiomo mobile sites, mobile or web application (hereinafter referred to as the “App”), and websites that you can access using the App and Cardiomo Device (hereinafter collectively referred to as the “Site”).

Cardiomo Device (hereinafter collectively referred to as the “Site”).

The Site is owned and managed by Cardiomo Care Inc, a Delaware corporation doing business as “Cardiomo” (hereinafter referred to as the “Cardiomo”).

These Terms of Use are addressed to an unlimited circle of persons who use the site, regardless of their status (individual or representative of a legal entity) (hereinafter referred to as the “Users”).

As a User you shall be granted a non-exclusive, non-sublicensable, revocable, non-transferablelicense to access and usethe Site and / or access or use any content that may be available through our Siteunder these Terms of Use.

YOUR ACCES AND USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION OF USE SET FORTH HEREIN, PLEASE DO NOT USE, ACCESS AND / OR BROWSE THE SITE.
BY USING THE SITE AND PROVIDING YOUR CONSENT YOU AGREE TO AND CONFIRM THE FOLLOWING:

you have read and understood the provisions of these Terms of Use in full before using the Site;
any use of the Site including any transactions you make is subject to these Terms of Use;
you accept all conditions of these Terms of Use without any withdrawals and limitations from your side;
you fully understand that Cardiomo is not a medical device and not a substitute of professional medical care, advice and equipment;
you comply with the conditions of these Terms of Use;
you immediately discontinue using the Site if you do not agree with the conditions of these Terms of Use.

You can withdraw your consent at any time by sending email to the address hello@cardiomo.com.

Cardiomo may terminate your use of the Site if you are in breach of these conditions of the Terms of Use or if Cardiomo decides to terminate your license of use for any reason.

Content

All text, slogans, scientific information, articles and research, graphics, user interfaces, visual interfaces, photographs, pictures, trademarks, logos, sounds, design, expression, information and features of the products, user-generated content, posts or materials on user forums, artwork, structure, selection, and computer code (hereinafter collectively referred to as the “Content”), including location of such Content, contained on the Site shall beowned, controlled or licensed by or to Cardiomo. The Content shall be protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws.

Therefore, we kindly ask you to respect our intellectual property rights.

Medical Advice Disclaimer

The services provided by Cardiomo and the information, content and / or data (hereinafter collectively referred to as the “Information”) on this Site is intended solely for informational purposes and may not be used as a substitute for professional advice and / or information, as circumstances will vary from person to person. Information should not be used or relied on as a medical advice or to diagnose, treat or cure any medical condition. You should not act or rely upon Information without seeking professional advice. You should not use the Information contained within to self-diagnosis or self-treat any health-related condition. You should consult a physician licensed in your state in all matters relating to your health.

Using, accessing and / or browsing the Site does not create a physician-patient relationship between You and Cardiomo. Information from this Site is NOT intended to replace the services of a licensed doctor, physician or health professional. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

As a User who access and use the Site and rely on any information do so at their own risk. Any action you take upon the Information, is strictly at your own risk. Cardiomo will not be liable for any losses and / or damages in connection with the use of our Site

We are not responsible for errors or omissions, or for any consequences resulting from use of the Information.

Use of the Site

You may use the Site and it’s Content for general informational purposes, for making orders, for some research. You may use such information only for your personal, non-commercial informational purpose. You may use the Site by any means and in any form within its declared functionality, including:

viewing of materials posted on the Site;
registration and / or authorization on the Site,
posting any comments, feedback, and / or other information on the Site.

By submitting or posting content on the Site, you grant Cardiomo the right to remove any content or comment that, in Our sole judgment, does not comply with the terms and conditions of this Terms of Use or is otherwise objectionable. You also grant Cardiomo the right to modify, adapt, and edit any content

Limitation of Use of the Site

You may not publish, post, transmit, transfer or sell, reproduce, copy, create derivative works from, republish, upload, post, distribute, perform, link, encode, display, mirroring or in any way exploit any of the Content and to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, in whole or in part, except as expressly permitted in these Term of Use or with the prior written consent of Cardiomo.

You may not make any modifications to any such information, not remove any proprietary notice in all copies of such Content, not use electronic or other means to extract details or information about Cardiomo’s Content.

You may not make any additional representations or warranties relating to such Content.

You may not attempt to gain an unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server by hacking or by any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, if such actions breach the security or authentication measures on the Site or any network connected to the Site, unduly abuse or disrupt Cardiomo’s technical systems or networks and / or such actions are intended to getpersonal benefit.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use and current legislation.

Copyright Policy

At Cardiomo we respect the intellectual property rights of others and expect our users to do the same.

Cardiomo shall have the right in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of Users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and believe that any material available on or through the Cardiomo Site, including applications, products, user-generated content, posts or materials on user forums, or any other content, infringes upon your copyrights, you may report on alleged copyright infringements by providing the information in the following DMCA Notice of Alleged Infringement (hereinafter referred to as the “Notice”) and delivering it to Cardiomo’s Designated Copyright Agent identified below. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the Content. If we remove or disable access in response to such Notice, we may notify the owner or administrator of the Content so that they can make a counter notification.

Please note that filing a report of intellectual property infringement is a serious offence leading to legal consequences. Any person who knowingly materially misrepresents such material or infringing activity maybe liable for damages pursuant to section 512(f) of the DMCA or similar laws in other jurisdictions or countries. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest you to contact an attorney first. You acknowledge that if you fail to comply with all of the notice requirements below, your copyright Notice shall been deemed not valid.

DMCA Compliance to Notice of Alleged Copyright Infringement

DMCA Notice of alleged infringement should comply with the following procedure:

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us locating the material, including at a minimum, if applicable, the URL of the link statedon the Site(s) where such material may be found.
Provide your mailing address, phone number, and, if available, email address (Note that we may provide your contact information, including your name and email address, the name and address of the owner of the right in question, and/or the contents of your report to the person who posted the material you are reporting).
Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Privacy Statement

Cardiomo’s Privacy Statement shall apply to use of this Site, and its terms shall bemade a part of these Terms of Use by this reference (to view Cardiomo’s Privacy Statement click here). We ask that you review the terms of our Privacy Statement, and give your consent for processing your personal data, so that you are aware of:

what personal information is collected through the Site;
what’s the purpose of collecting this information;
how we use your personal information.

Links to Other Sites

This Site may contain links to other independent third-party sites. These sites are not under Cardiomo’s control, and please be aware that we are not responsible for the privacy of such other sites and for content contained on such sites. You are solely responsible for your use of any third-party sites or resources.

Your use of third-party websites is subject to the terms and condition of use for such sites. Sowe encourage you to be aware when you leave our Site and to read the terms of use of these third party sites.

Indemnity

You shall defend, indemnify, and hold harmless Cardiomo from any claims, costs, damages, losses, settlement fees, and expenses (including, without limitation, attorney fees and disbursements) incurred against Cardiomo as a result of your use of the Site or your breach of these Term of Use.

Disclaimer

You accept full responsibility for your use of the Site. We provide the Site and it’s Content on an "as is" and "as available" basis, and we DISCLAIM any warranties, including but not limited to the implied warranties of merchant ability, suit ability for a particular purpose, and non-infringement.

We do not promise that the Site or any Content will have no errors or be uninterrupted, be safe and secure or that any defects will be corrected, that the Site will be timely, accurate and meet your requirements or that your use of the site will provide specific results. We cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.

We do not warrant, endorse, guarantee or assume responsibility for any third party applications, third party content, User content, or any other posts of a third party on or through the Site and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use. You will be fully responsible for your use of the site and any linked sites.

Under no circumstances should any information on the Site be directly used as either a diagnosis or medical advice. There are no clearly expressed or implied physician-patient relationships between you and Cardiomo, its employees or its contractors. Cardiomo shall make no warranties whatsoever, expressed or implied, regarding the completeness, accuracy and/or usefulness of any information contained or referenced to on the Site and the Device. Cardiomo does not assume any risk whatsoever for your use of the Device or the Site or the information contained. By using the Site and the Device, you agree that neither Cardiomo nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use or reliance on any information presented on or obtained from the Site and via the Device.

Any material downloaded or otherwise obtained through your use of our services shall beused at your own discretion and risk, and you will be responsible for any damage to your computer system or loss of data that results from the download of any such material.

Cardiomo shall have the right to modify operation of or access to the Site, the Site itself, any policies or terms at any time without prior notice.

Using the Site you should use your judgment and exercise caution where appropriate. Should you experience dissatisfaction with our Site or any Content you may stop using the Site or any such Content.

Some aspects of this section may not apply to some jurisdictions.

Limitation on Liability

The Cardiomo shall not be liable to you or to any other party for any direct, indirect, consequential, exemplary, incidental or special damages, including but not limited to the loss of profits, damages to goodwill, use, data, or other intangible losses, even if Cardiomo was advised of the possibility of such damages.

In case Cardiomo is found to be liable to you for any damage or loss, which arises out of or is in any way connected with your use of the Site or any Content our liability shall no exceed in any event one thousand U.S. dollars (USD 1,000.00) in aggregate.

This limitation on liability shall apply to any circumstances and to any conditions except where such limitation or exclusion of liability or incidental or consequential damages is prohibited by law.

Governing Law. Dispute Resolution

These Terms of Use shall be governed by the laws of the State of Delaware and, to the extent applicable, the laws of the United States of America.

All disputes, disagreements arising out of or relating to your access to or use of the Site, shall be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflict of law’s provisions. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Wilmington, Delaware. You agree to the personal jurisdiction by and venue in the state and federal courts in Wilmington, Delaware, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue shall not apply if you are the User resident of the European Union. If you are the User resident of the European Union, you may make a claim in the courts of the country of your residence.

Any claim under these Terms of Use shall be filled with in the applicable statute of limitations or, if earlier, one (1) year afterthe facts caused such claim could have been discovered with reasonable diligence (or be forever barred).

Validity of the Terms of Use. Changes to the Terms of Use

These Terms of Use shall be valid and continue to apply to you until terminated by Cardiomo.

Cardiomo may terminate the Terms of Use or suspend your access to the Site at any time, for any reason including in case of your non-compliance with this Term. If Cardiomo terminates these Terms, you agree that Cardiomo shall have no liability or responsibility to you.

Cardiomo shall have the right, at its sole discretion, to change, modify these Terms of Use, at any time and will notify you of any changes.

It is your responsibility to check our notification about changes of Terms of Use. Your continued use of the Site following the notifications of changes shall mean that you accept and agree with these changes.

Final Provisions and Contact Information

These Terms of Use shall come into force on January 1, 2018.

These Terms of Use are made in the English language.

Thank you for reading our Terms of Use.

For all questions regarding these Terms of Use, as well as other questions and suggestions, you can contact us by e-mail: hello@cardiomo.com

Phone: +1 (929) 360 5107

Cardiomo Care, Inc.

919 North Market Street, suite 425,

Wilmington, DE 19801, USA

CARDIOMO TERMS AND CONDITIONS OF USE

General Provisions

Cardiomo Device (hereinafter collectively referred to as the “Site”).

The Site is owned and managed by Cardiomo Care Inc, a Delaware corporation doing business as “Cardiomo” (hereinafter referred to as the “Cardiomo”).

you have read and understood the provisions of these Terms of Use in full before using the Site;
any use of the Site including any transactions you make is subject to these Terms of Use;
you accept all conditions of these Terms of Use without any withdrawals and limitations from your side;
you fully understand that Cardiomo is not a medical device and not a substitute of professional medical care, advice and equipment;
you comply with the conditions of these Terms of Use;
you immediately discontinue using the Site if you do not agree with the conditions of these Terms of Use.

You can withdraw your consent at any time by sending email to the address hello@cardiomo.com.

Cardiomo may terminate your use of the Site if you are in breach of these conditions of the Terms of Use or if Cardiomo decides to terminate your license of use for any reason.

Content

Therefore, we kindly ask you to respect our intellectual property rights.

Medical Advice Disclaimer

We are not responsible for errors or omissions, or for any consequences resulting from use of the Information.

Use of the Site

viewing of materials posted on the Site;
registration and / or authorization on the Site,
posting any comments, feedback, and / or other information on the Site.

Limitation of Use of the Site

You may not make any additional representations or warranties relating to such Content.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use and current legislation.

Copyright Policy

At Cardiomo we respect the intellectual property rights of others and expect our users to do the same.

DMCA Compliance to Notice of Alleged Copyright Infringement

DMCA Notice of alleged infringement should comply with the following procedure:

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us locating the material, including at a minimum, if applicable, the URL of the link statedon the Site(s) where such material may be found.
Provide your mailing address, phone number, and, if available, email address (Note that we may provide your contact information, including your name and email address, the name and address of the owner of the right in question, and/or the contents of your report to the person who posted the material you are reporting).
Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Privacy Statement

what personal information is collected through the Site;
what’s the purpose of collecting this information;
how we use your personal information.

Links to Other Sites

Indemnity

Disclaimer

Cardiomo shall have the right to modify operation of or access to the Site, the Site itself, any policies or terms at any time without prior notice.

Using the Site you should use your judgment and exercise caution where appropriate. Should you experience dissatisfaction with our Site or any Content you may stop using the Site or any such Content.

Some aspects of this section may not apply to some jurisdictions.

Limitation on Liability

This limitation on liability shall apply to any circumstances and to any conditions except where such limitation or exclusion of liability or incidental or consequential damages is prohibited by law.

Governing Law. Dispute Resolution

These Terms of Use shall be governed by the laws of the State of Delaware and, to the extent applicable, the laws of the United States of America.

Validity of the Terms of Use. Changes to the Terms of Use

These Terms of Use shall be valid and continue to apply to you until terminated by Cardiomo.

Cardiomo shall have the right, at its sole discretion, to change, modify these Terms of Use, at any time and will notify you of any changes.

Final Provisions and Contact Information

These Terms of Use shall come into force on January 1, 2018.

These Terms of Use are made in the English language.

Thank you for reading our Terms of Use.

For all questions regarding these Terms of Use, as well as other questions and suggestions, you can contact us by e-mail: hello@cardiomo.com

Phone: +1 (929) 360 5107

Cardiomo Care, Inc.

919 North Market Street, suite 425,

Wilmington, DE 19801, USA

RETURN POLICY

Order cancellation

If you wish to cancel your order, you must do so within 48 (forty-eight) hours from the moment you have made the order. Any time later than that we will not be able to cancel the order, unfortunately, as you order might be already shipped.

Change of Address

If you need to change your shipping address for any reasons, you must do so within 48 (forty-eight) hours from the moment you have made the order. Any time later than that we will not be able to change the address of delivery, unfortunately, as your order might be already shipped.

Returns

Your satisfaction with the device, mobile application and cloud service is our long-term goal and top concern. Once your package has been delivered, we encourage you to open and check it and install the Cardiomo app to your mobile device to make sure that the device that we have shipped meet your requirements. Try your device as soon as possible without removing the protective films, altering, or damaging them.

If you are not satisfied with the quality of your purchase, you can return or exchange your undamaged/unaltered device within 30 (thirty) days from the delivery date. Shipping cost is covered by the buyer.

Please note, we only accept full returns on unused, undamaged product that has its original packaging intact. Devices negligently packaged and returned damaged will be subject to a reduction of refund or no refund at all.

Our policy lasts 30 (thirty) days from the delivery date. Once this term passes, unfortunately, we will not be able to offer you a refund or exchange. To be eligible for a return, your device has to visually unused and in the same condition in which you have received it. It must also be in the original packaging. We would ask you to send us photographs and/or videos demonstrating the problem by email. If you cannot prove the nature of the problem then we will not issue a refund or replacement.

To complete your return, we require a receipt or proof of purchase.

Please contact us before sending the device back to find out the return address. Shipping costs will be covered by you.

There are specific situations where only partial refunds are provided (if applicable):

A Device or charger cable is damaged or device or charger cable is missing for reasons, which are not the fault of Cardiomo Care, Inc. and/or its employees and/or contractors
Any returns made beyond the 30-day term from the date of the delivery.
If you wish to return the device, please click here to contact us. We will provide you with the return address. You will cover the return shipping cost. As soon as we receive the device we will either issue a refund or exchange the product for another one.
To avoid any complications, we recommend using a tracking service when returning the device.
We are not responsible for packages getting lost on the way to us.
The device is within your responsibility until it reaches our warehouse, so make sure it is packed properly and will not get damaged on the way back to us.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned device. We will also inform you about an approval or rejection of your refund.

If your refund is approved, it will be processed. A refund will be automatically applied to your credit card or original method of payment. You will get the money within a certain amount of days depending on the bank or payment system operation. Shipping costs will be deducted from your refund.

If you choose to cancel and be refunded while your device is being delivered or shipped, you will only get 50% refund on your order.

Late or missing refunds (if applicable)

If you have not received a refund yet, please first check your bank account status.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is some processing time before a refund is posted.
If you have made all the above actions and still have no refund, click here to contact us.

Exchanges (if applicable)

We will only replace devices if their defects or damage are our responsibility. If you need to exchange the device for the same device, click here to contact us. The time it takes for your exchanged product to reach you may vary depending on the country you live in.

Shipping costs and return responsibility

You will be responsible for covering the shipping costs when returning your item. Shipping costs are non-refundable. When your refund, the cost of the shipping will be deducted from your refund.

When shipping any item of over $75 value, you should consider using a trackable shipping service or purchasing shipping insurance. We cannot accept liability for your returned item if it gets lost on the way back to us.

About Us

Founders

Roman Belkin

CTO / co-Founder

MS in IT, Hardware Engineering

Ksenia Belkina

CEO / co-Founder

MA in Psychology, International relations

Our Team