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Coronavirus Aid Skill – Terms and Conditions

1. Definitions

Skill” means the Coronavirus Aid Amazon Skill that CardioCube has made available to Users on the Amazon Alexa Skills Store;

Alexa” means the Amazon Voice Service that enables Users to interact with Devices using their voice;

Amazon” means Amazon.com, Inc., a corporation that owns Alexa, and with which a person must have an account to be eligible to become a User and in order to have access to the Skill;

CardioCube” means CardioCube Corp., a Delaware corporation, and/or any of its affiliates including, but not limited to, CardioCube sp. z o.o., a company incorporated under the laws of Poland.

Device” means an Alexa compatible device upon which Users can download the Skill;

“Site” means the CardioCube’s website at www.cardiocube.com;

Terms” means these Terms of Service of CardioCube;

User” means any person who is granted access to the Skill;

Before using the Skill you should read and familiarize yourself with these Terms and the CardioCube Privacy Policy

2. Use of Skill; Skill Not a Medical Advice; Disclaimer

The Skill allows you to use your Device to get basic information about the Coronovirus Disease 2019.

THE SKILL SHALL BE USED FOR EDUCATIONAL PURPOSES ONLY AND IT SHOULD NOT BE RELIED ON TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION. ALWAYS SEEK PROFESSIONAL ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY QUESTIONS YOU MAY HAVE RELATED TO A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION PROVIDED TO YOU THROUGH THIS SKILL BY ALEXA. IN CASE OF A LIFE-THREATENING OR EMERGENCY MEDICAL SITUATION, IMMEDIATELY CALL 911.

You are responsible for all your interactions with Alexa when using the Skill. Before using the Skill you should read and familiarize yourself with the agreements that you have in place with Amazon to ensure that you are using Alexa safely and correctly.

3. Third-party Security Settings

Once you set up your Device with the Skill, you are authorizing CardioCube to provide information to the Device which you will receive based on the Device’s security settings. You are responsible for how the Skill is used on your Device, including any communication to or from CardioCube using your Device.

4. Accuracy

CardioCube did not design or develop Alexa, your Device or any software/hardware related to Alexa and/or your Device. CardioCube does not have any control over Alexa, your Device or any software/hardware related to Alexa and/or your Device.

By accepting these Terms, you confirm your understanding and agree that CardioCube is not responsible for any and all malfunctions or failures of Alexa as well as for any misunderstanding or error in your communication with Alexa while using the Skill, regardless of what caused such issue. If you have any issues or concerns about the communication with Alexa while using the Skill, please access your Amazon account and consult with Amazon.

5. Viruses and Malfunctions

The usage of the Skill may cause occurrence of viruses or malfunctions. Alexa may mishear and/or misquote you, Alexa and/or your Device might not work properly, a virus may be introduced onto your Device or damage may be caused to your Device when using the Skill.

By using the Skill, you agree to and accept the abovementioned risks. CardioCube will not be responsible for any loss or damage caused by any viruses and/or any other technologically harmful material that may affect your Device, its software or hardware, or for any loss or damage to any data or other proprietary material due to your use of the Skill or to your downloading of any software or data from the Skill.

6. Electronic Records and Signatures

By accepting these Terms, you consent to the general use of electronic records and signatures in CardioCube’s relationship with you including, but not limited to, entering into new contracts, or the authorization of payments.

7. Hardware and other Requirements

To access the Skill, you are required to: (1) have an Amazon account; (2) have a Device with internet connection.

8. Release of your Information to Amazon

Your interactions via the Skill are subject to the CardioCube’s Privacy Policy. The information communicated to you via the Skill is provided by CardioCube through Amazon. You hereby agree that any and all information communicated by you when using the Skill shall be provided to Amazon and may be used for other Skills. Before using the Skill you should read and familiarize yourself with the agreements that you have in place with Amazon to ensure how any and all data is acquired and used.

9. Contacting you

CardioCube may from time to time seek your constructive feedback on the Skill, including, but not limited to, information about the issues you encountered, aspects of the Skill that you find worked well, and any suggestions for improvement that you may have. You further agree that CardioCube may email you from time to time to inquire about your experience with the Skill.

10. Termination

Your rights under these Terms will automatically terminate without notice if you fail to comply with any of the Terms. In case of such termination, CardioCube shall have the right to immediately revoke your access to the Skill and you shall immediately cease all activities authorized by these Terms, including, but not limited to, immediately delete or remove the Skill from all Devices, immediately destroy all copies of the Skill and any related documents in your possession, custody or control and certify to CardioCube that you have done so.

11. Technical Support

CardioCube will not provide technical or any other support for you when using the Skill. Technical support may be provided in case the Skill is updated, modified and/or developed. In such case you agree to abide by any support rules and policies put into place.

12. Disclaimer

You assume all risk for your use of the Skill that it is provided “as is”. CardioCube expressly disclaims all conditions, warranties and other terms, either express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement, and no advice or information, whether oral or written, obtained by you from CardioCube, or through/ from the Skill.

If you fail to comply with these Terms and CardioCube incurs any costs, loss, claims, expenses and/or other liabilities which result from your non-compliance, including, but not limited to, breach by CardioCube of the obligations to Amazon and/or Alexa, you agree to reimburse CardioCube for any such costs, loss, claims, expenses and/or other liabilities, including any legal costs incurred as a result of any claim brought against CardioCube due to your non-compliance with these Terms. In no case shall this be interpreted as limiting any other remedies available to CardioCube in accordance with these Terms and/or applicable laws.

CARDIOCUBE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, OR LOSSES THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE (OR INTERRUPTIONS IN THE TRANSMISSION OR RECEPTION OF) THE SKILL, SITE, ALEXA AND/OR YOUR AMAZON ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO ELECTRONIC DEVICES, ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED OFFICE TIME AND ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING AND CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, WHETHER FORESEEABLE OR NOT, OR FROM ANY CONTENT POSTED ON THE SITE AND/OR PRESENTED IN SKILLS BY CARDIOCUBE OR ANYONE ELSE, WHETHER OR NOT CARDIOCUBE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE CONTENT COMMUNICATED TO YOU VIA THE SKILL IS FOR INFORMATIONAL PURPOSES ONLY AND YOU SHOULD NOT RELY ON SUCH INFORMATION IN TAKING ANY ACTION RELATED TO YOUR HEALTH. YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE CARDIOCUBE’S SKILL OR THE SITE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE SKILLS OR SITE.

13. Right to Modify

CardioCube retains the right, at sole discretion, to implement new elements as part of and/or ancillary to the Skill, including changes that may affect the previous mode of operation of the Skill.

In connection with any modification of the Skill, CardioCube may automatically download software updates on your Devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Skill. CardioCube will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), CardioCube may require you to install the update to be able to continue using the Skill. In all cases, you agree to permit CardioCube to deliver such updates to you and you agree to receive them as a part of your use of the Skill.

CardioCube may change, suspend, or discontinue the Skill, or any part thereof, at any time without a prior notice. CardioCube may amend and/or otherwise modify these Terms at any time to appropriately represent its current policies. CardioCube will notify you of any changes to these Terms by sending a notice to the email address provided to us at registration. Any such revisions shall take effect one month after the posting. You understand and agree that your continued access or use of the Skill after such change signifies your acceptance of the updated or modified Terms.

14. Intellectual Property Rights

The Skill is protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title or interest in the Skill, to the content in the Skill, CardioCube’s trademark, logos and/or other brand features. CardioCube welcomes feedback, however your comments or suggestions, if any, do not oblige CardioCube to take any action. You further acknowledge that you have no right to have access to the Skill in source code form.

15. Data Protection

All issues connected with Data protection are regulated in CardioCube’s Privacy Policy.

16. Governing Law and Dispute Resolution

You agree that all matters relating to your access to or use of the Skill, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the Republic of Poland and your claim shall be considered to have been made and accepted in Poland, without regard to its conflict of law provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Cardiocube and you arising out of or in connection with your use of the Skill, you shall attempt, promptly and in good faith, to resolve any such dispute.

17. General Terms

CardioCube may at any time and in any scope transfer the rights and legal responsibilities or any part thereof under these Terms. Your rights and obligations under these Terms apply only to you and cannot be transferred to any other person without CardioCube’s prior written consent. These Terms, together with CardioCube’s Privacy Policy and any subsequent amendments to their provisions shall constitute the entire agreement between you and CardioCube. If any provision of these Terms or CardioCube’s Privacy Policy is deemed invalid, then that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. CardioCube’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.