Terms and Conditions
1. Reference to “the Skill” means the CardioCube Amazon Skill that CardioCube Corp. has made available to Users on the Amazon Alexa skill store;
2. Reference to “Alexa” means the Amazon Voice Service that enables Users to interact with compatible devices using their voice;
3. Reference to “Device” means an Alexa compatible device upon which Users can download the Skill;
4. Reference to “Amazon” means Amazon.com Inc., the Company who owns Alexa, and with whom the Customer must have an account set up in order to download the Skills;
5. Reference to “User” means any user who is granted access to the Skill.
6. Reference to “CardioCube” means CardioCube Corp., a corporation registered in Delaware, US or any of its affiliates including CardioCube sp. z o.o. registered in Katowice, Poland.
II. Privacy and security:
The Skill allows you to use your Device to ask a question connected with general medical issues. The Skill is for information purposes only. The questions which you ask will be gathered in a database of questions, from which CardioCube will prepare the CardioCube Newsfeed – another Skill for Alexa. Your specific questions may not be answered in the CardioCube Newsfeed, but may help us to build a range of concerns which Users may have about medical subjects. This skill should not be used if you are in a life-threatening or emergency medical situation. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information provided through this skill by means of Amazon Alexa.
To use the Skill, you are required to speak into the Device, and responses will be received from the Device through Alexa. You are responsible for all of the interactions with CardioCube via the Skill. For this reason, it is imperative that you consult the agreements that you have in place with Amazon to ensure that you are using Alexa safely and correctly.
III. 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. This means that you are responsible for how the Skill is used on your Device, including any communication to or from CardioCube on your Device.
CardioCube did not design or manufacture Alexa, your Device or any other software involved with Alexa or your Device. CardioCube therefore does not have any control over Alexa, your Device or any of the software involved.
By accepting this Agreement, you understand and agree that CardioCube is not responsible for inaccuracies in your interactions via the Skill. If you have any issues or doubts about the accuracy of your interactions via the Skill, you are able to access your Amazon account(s) .
V. Viruses and malfunctions:
As CardioCube makes the Skill available to Users, it is possible that there may be viruses or malfunctions as part of this roll-out. In addition to the possibility that Alexa may mishear or misquote you, there is also a possibility that something might not work correctly, a virus may be introduced onto your Device, or damage may be caused to your Device.
By obtaining the Skill, you agree to accept the above-mentioned risks. CardioCube will not be responsible for any loss or damage caused by any viruses or other technologically harmful material that may infect your Device equipment or programs, 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.
VI. Electronic records and signatures:
By accepting these terms, you consent to the general use of electronic records and signatures in our relationship with you; for example, but not limited to, entering into new contracts, the provision of meter readings or the authorization of payments.
VII. Hardware and other requirements:
To access the Skill, you are required to:
(1) have an Amazon account;
(2) have a compatible Device with internet connection.
Release of your information to Amazon:
In order for us to provide you with the requested information, it needs to be sent from us to Amazon and is thereafter supplied to you. Therefore, it is important that you are happy for any information you request from Alexa to be sent by CardioCube to Amazon including sending it through other Skills like Newsfeed. If you are unsure about what Amazon may do with this information, we would advise that you consult the agreements that you have in place with Amazon.
VIII. Contacting you:
We may seek your constructive feedback on the Skill, including problems that you may encounter, aspects 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 about your experience with the Skill.
IX. Changes or amendments:
We may change, suspend, or discontinue the Skill, or any part of it, at any time without notice. We may amend any of these Terms at our sole discretion by posting the revised terms on the website at www.cardiocube.com/terms/. Your continued use of the Skill after the effective date of the revised Terms constitutes acceptance of the Terms.
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, we may immediately revoke your access to the Skill. You must therefore immediately cease all activities authorized by these Terms, and you must 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 us that you have done so.
XI. Technology support:
CardioCube will not provide technical or any other support for you using the Skill. Any support is provided under the circumstances that CardioCube will be updated, modified and develop the Skill. You hereby agree to abide by any support rules and policies put into place.
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 or from the Skill, will create any warranty of any kind. Any claims that you may have with respect to the Skill, and your usage of the Skill, must be brought against Amazon and/or Alexa and not against CardioCube.
PLEASE BE AWARE THAT THIS SKILL SHOULD NOT BE USED IF YOU ARE IN A LIFE-THREATENING OR EMERGENCY MEDICAL SITUATION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
If you do not comply with these Terms, and we incur any costs, loss, claims, expenses and other liabilities which result from your non-compliance, including a resultant breach by us of our obligations to Amazon and/or Alexa, you agree to reimburse us for any such costs, loss, claims, expenses and other liabilities, including any legal costs involved with the defence of any claim brought against us due to your non-compliance with these Terms. This is in addition to any other specific remedies that we have in these Terms or under the law generally.
We hereby exclude any liability for any direct, indirect, or consequential loss or damage that you may incur in connection with your use or inability to use the Skill, Alexa and/or your 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, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not. However, nothing in these Terms excludes or limits our liability for personal injury or death caused by our negligence or for fraud.
IN NO EVENT ARE WE OR ANY THIRD PARTY LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, OR LOSSES RELATING TO YOUR USE OF THE SITE OR OUR SKILLS, OR FROM ANY CONTENT POSTED ON THE SITE AND PRESENTED IN SKILLS BY US OR ANYONE ELSE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, WHETHER ARISING OUT OF BREACH OF THIS AGREEMENT, TORT OR ANY OTHER CAUSE OF ACTION RELATING TO THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT. THE PRESENTED CONTENT IN SKILLS IS ONLY FOR INFORMATIONAL PURPOSES YOU SHOULD NOT RELY ON THIS INFORMATION ONLY TO UNDERTAKE ANY ACTIONS CONNECTED WITH YOUR HEALTH. THE OPINIONS OF THE DOCTORS PRESENTED IN SKILLS ARE THEIR OWN PERSONAL OPINION AND MAY NOT BE RELIABLE TO YOU PERSONAL SITUATION.
YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, OUR SKILLS, OR THE SITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS RESULTING FROM YOUR ACCESS TO OR USE OF, OR INTERRUPTIONS IN THE TRANSMISSION OR RECEPTION OF THE SERVICE OR SITE, INCLUDING ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AND/OR ANY RADIO OR VOIC FIRST DEVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE SERVICE OR SITE.
XIII. Right to Modify the Services.
We retain the right, at our 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. We expect that any such modifications will enhance the overall Skill, but it is possible that you may not agree with us.
In connection with any modification of the Skill, CardioCube may automatically download software updates on your computers and 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 continue accessing the Skill. In all cases, you agree to permit CardioCube to deliver these updates to you (and you to receive them) as part of your use of the Skill.
XIV. Our 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, others’ content in the Skill, CardioCube trademark, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
You acknowledge that you have no right to have access to the Skill in source code form.
XV. Data Protection:
XVI. Governing law:
If you are a resident of the United States or Canada, these Terms and the relationship between you and CardioCube (including any dispute) shall be governed in all respects by the laws of the State of California, United States of America, as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to its conflict of law provisions.
If you reside in the European Union or Switzerland, these Terms and the relationship between you and CardioCube (including any dispute) shall be governed in all respects by the laws of Poland and shall be considered to have been made and accepted in Poland, without regard to conflict of law provisions.
If you reside outside of the United States, Canada, the European Union or Switzerland, these Terms and the relationship between you and CardioCube (including any dispute) shall be governed in all respects by the laws of the State of California, United States of America, as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to its conflict of law provisions.
XVII. General Terms:
We can transfer all or any of our rights and legal responsibilities under the Terms without your permission provided any warranties are not affected. Your rights and duties under the Terms apply only to you and cannot be transferred to any other person without our written permission.
If we do not enforce any part of these Terms at any time, this will not stop us from doing so in the future.
If any of these Terms are found not to be valid or cannot be enforced in full or in part, the rest of the Terms will continue to apply as normal.