Terms of Service
Last Revised: May 27, 2021
These terms of service (the “Terms”) apply to and govern the use of the HERA MED digital apps which enable collection and processing of health-related measurements (the “Service”).
The following key points of these Terms are brought for your convenience only. They do not substitute the full Terms.
A. Your relationship with us. These Terms are a binding agreement between you Hera Med Ltd., an Israeli company.
B. Use. Subject to these Terms, you may access and use the Service, for your own personal use.
D. Restrictions. You may not use the Service in any of the objectionable manners explained in below.
E. Intellectual property. All legal rights in the Service, including all intellectual property rights, are ours. If you provide any ideas to us about the Service or otherwise, we are free to use them for any purpose.
F. Disclaimer of warranty. The Service is provided for use without warranties and representations.
G. Limitation of liability. Both your own and our liabilities are limited as set out below.
H. Law & jurisdiction. These Terms are governed by the laws of the State of Israel. Any dispute relating to these Terms or your use of the Service will be resolved by the courts in Tel Aviv District in Israel.
1. Your relationship with us
1.1. These Terms are a binding agreement between you, an individual (“you”) and Hera Med Ltd., an Israeli company (“we”, “us”, “our” or the “Company”).
1.2. By using the Service or confirming these Terms, you represent that you are familiar with and agree to be bound by these Terms. If you are not willing to be bound by all or any of the Terms, do not use the Service.
1.3. THE SERVICES, ITS CONTENT AND THE PRODUCTS ARE NOT, AND ARE NOT INTENDED TO BE, A SUBSTITUTE FOR QUALIFIED PROFESSIONAL MEDICAL DIAGNOSIS, ADVICE, GUIDANCE OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL FOR ANY HEALTH ISSUES.
1.4. IN CASE OF A MEDICAL EMERGENCY, CONTACT YOUR PHYSICIAN OR MEDICAL EMERGENCY DISPATCH CENTER IMMEDIATELY.
2. Interpretation. As used herein, the term “including”, means including, but not limited to, and without limitation, to the generality of the preceding phrase. All examples in these Terms and all "i.e." and "such as" notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
3.1. You may use the Service for your own personal purposes. You understand and acknowledge that the Service does not provide licensed health care services, nor do we provide medical, health, or other professional services, advice, or decision-making.
3.2. Subject to these Terms, and your payment of the fees applicable to the Service you may use the Service on a limited, non-exclusive, non-assignable, and non- transferrable basis, in accordance with our documentation accompanying the Service.
3.3. For the avoidance of doubt, it is hereby made clear that these Terms do not convey to you any interest in or title to the Service, but only a limited right to use it solely in accordance with the terms and conditions hereunder.
3.4. Your access to the Service is authenticated with a unique username and password. You must keep your username and password in strict confidence and not share it with anyone.
3.5. You are responsible for obtaining equipment and internet connection to access and utilize the Service. You are responsible for the security of the devices used to access the Service.
3.6. As part of your use of the Service, you may receive notifications, alerts, and other messages. You agree to receive these communications.
4. Restrictions and other obligations
4.1. You may not modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service, or otherwise attempt to discover its underlying code, structure, implementation or algorithms.
4.2. You may not use the Service in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Service.
4.3. You may not copy, make available, upload, publish, post, transmit, distribute, disseminate or make derivative works of the content available through the Service or any part thereof, other than through the Service’s designated functionality.
4.4. You may not offer the Service to third parties, including by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning or redistributing the Service or any part thereof, unless otherwise approved in writing by the Company.
4.5. You may not perform or attempt to perform any of the following in connection with the Service:
4.5.1. Breaching the security of the Service, identifying, probing or scanning any security vulnerabilities in the Service,
4.5.2. Accessing data not intended for you, or accessing an account you are not authorized to access;
4.5.3. Impairing, deleting or otherwise damaging any information or materials made available through the Service;
4.5.4. Interfering with, circumventing, manipulating, overloading, impairing or disrupting the operation, or the functionality of the Service;
4.5.5. Accessing information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access;
4.5.6. Deleting or modifying any legal notices or proprietary designations or labels in any information made available through the Service;
4.5.7. Providing personal information of others without their express permission or impersonate any person or entity or provide false information;
4.5.8. Working around any technical limitations in the Service;
4.5.9. Using any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
4.5.10. Sending any virus, worm, Trojan horse or other malicious or harmful code or attachment.
4.5.11. Using robots, crawlers and similar applications to scrape, harvest, collect or compile content from or through the Service.
4.6. YOU MAY NOT USE THE SERVICE FOR ANY ACTIVITY THAT CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.
5. Intellectual Property.
5.1. The Service is a proprietary offering of the Company, protected under copyright laws and international copyright treaties, patent law, trade secret law and other intellectual property rights of general applicability. The Service is made available for use and access, and is not sold.
5.2. Except for your limited access to use the Service according to these Terms, these Terms do not grant you or assign to you, any license, right, title, or interest in or to the Service or the intellectual property rights associated with it. All rights, title and interest, including copyrights, patents, trademarks, trade names, trade secrets and other intellectual property rights, and any goodwill associated therewith, including computer code, graphic design, layout and the user interfaces of the Service, are and will remain at all times, owned by, or licensed, to us.
5.3. You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Service. We reserve all rights not granted.
5.4. If you provide any ideas, information, concepts, know-how or techniques or materials to us about the Service or otherwise, you grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such ideas in any medium and agree that we are free to use them for any purpose.
6. Third Party Software.
6.1. You acknowledge that the Service contains, is accompanied by and/or utilizes certain software licensed by third parties (“Third Party Software”), under their licenses (“Third Party License”). Third Party Software is subject to the terms and conditions included in the Third Party Licenses, and by using the Service you agree to adhere to such Third Party Licenses. Such licenses are included with the Service documentation. To the extent so stipulated by the Third Party License that governs each Third Party Software, each such Third Party Software is licensed directly to Licensee from its respective Third Party Software licensors - not sublicensed from us - and is subject to its respective Third Party License and not to these Terms. You acknowledge that we are not the author or owner of any Third Party Software, and that we make no warranties or representations whatsoever in connection with the Third Party Software, including, without limitation, express or implied warranties as to the quality, capabilities, outcome, performance or suitability of the Third Party Software.
6.2. If, and to the extent, a Third Party License requires that the source code of its corresponding Third Party Software be made available to you, and such source code was not delivered to you with the Service, then we hereby extend a written offer, valid for the period prescribed in such Third Party License, to obtain a copy of the source code of the corresponding Third Party Software, from us. To take up this offer, contact us through the contact details provided below under “Contact Information”.
7. Term and Termination
7.1. These Terms are effective upon your first use of the Service or upon your acceptance of the Terms – whichever is earlier – and shall continue until the expiration of the Terms or their termination by us (whichever is earlier).
7.2. We may immediately terminate these Terms upon your breach of any term hereof (including any term of the respective Third Party Licenses). We shall not be liable for any losses whatsoever caused to you pursuant to termination due to a breach. Upon termination or expiration of the Terms, you must immediately stop using the Service.
7.3. Sections in these Terms that by their purpose of nature should survive termination of these Term, will so survive.
8. Disclaimer of Warranty and Limitation of Liability
8.1. We will endeavor to have the Service operate properly. However, as a service that relies on back-end software, computer algorithms and third party networks and continuous internet connectivity, we do not guarantee that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors, omissions or malfunctions.
If we receive notice of any failure or malfunction, or if we become aware of them by ourselves, we will attempt to regain the Service’s availability as soon as practicable. However, such incidents will not be considered a breach of these Terms.
8.2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, COMPANY DISCLAIMS TO YOU ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON- INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY.
8.3. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES, TOOLS OR MATERIALS INCLUDED IN THE SERVICE WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE, OR THE SERVER(S) THAT MAKES THIS SERVICE AVAILABLE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OR THE USE OF THE SERVICE OR INFORMATION AVAILABLE THROUGH THE SERVICE IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY OR OTHERWISE.
8.4. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.5. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH THE SOFTWARE DOES NOT REPLACE PROFESSIONAL MEDICAL DISCRETION.
8.6. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SHALL COMPANY NOT BE LIABLE TO YOU FOR ANY DAMAGES, WHATSOEVER, WHETHER INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, , WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE AFOREMENTIONED, IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED FIFTY US DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY. THEREFORE, THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES AND THE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
9. GOVERNING LAW
9.1. These Terms, your use of the Service and any dispute relating thereto are governed by the laws of the State of Israel.
9.2. Any dispute relating to these Terms or your use of the Service shall be under the sole and exclusive jurisdiction and venue of the competent courts located in the Tel Aviv District in Israel.
10. Assignment. You may not assign these Terms without our prior written consent. Any purported assignment without our prior written consent is void. To the greatest extent permissible by law, we may assign these Terms in their entirety, including all right, duties, liabilities, performances and obligations herein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities, performances and obligations hereunder, and we are released therefrom.
11. Relationship of the parties. The relationship between the parties hereto is strictly that of independent contractors, and neither party is an agent, partner, joint venturer or employee of the other.
12. Complete Terms and Severability. These Terms constitute the entire and complete agreement between you and us concerning the subject matter herein. These Terms supersede all prior oral or written statements, understandings, negotiations and representations with respect to the subject matter herein. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect.
13. Changes to Terms. The Terms may be updated by us from time to time. Please check the Terms periodically for changes. When a change occurs, the Last Revised date mentioned below will be updated. Upon occurrence of any change, you should take the time to review the revised Terms carefully.
14. No waiver. Neither party will, by mere lapse of time, without giving express notice thereof, be deemed to have waived any breach, by the other party, of any terms or provisions of these Terms. The waiver, by either party, of any such breach, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.
15. Third Party Beneficiary. Each of our affiliates worldwide is a third party beneficiary under these Terms.
16. Contact Information. All requests for further information contact us