These Terms of Service (“Terms”) apply to your access and use of the Health Gauge website, services, and applications (collectively the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users, visitors and others who access or use the Service.
DISCLAIMER
The Health Gauge Phoenix+FIT and application is to be used to consolidate and track health metrics that will allow for a more comprehensive overview of current health management. Under no circumstances is the Health Gauge Phoenix+FIT to directly impact the diagnosis, treatment, or management of an individual's disease. The Phoenix+FIT application has been designed to serve as a means of personal health monitoring and tracking and is intended to be used to maintain a healthy lifestyle, and understand one's health and is, therefore, a wellness device. In no case is the software and AI technology utilized by Health Gauge to replace the professional clinical judgment of a health care professional.
All metrics portrayed on the application including blood pressure estimations are impressions calculated from our AI algorithm and cannot be inferred in a medical context. References to “low”, “normal” or “high” blood pressure calculation are not to be overridden by professional medical advice. Additionally, all graphical representations of Blood Pressure, ECG, PPG O2 stats, Heart Rate, and Heart Rate Variability are calculated estimates and should not be considered medical measures. All measures and graphical representations provided on and by the Health Gauge application are approximate estimations for personal wellness and tracking purposes and must not be used as a medical reference. The Health Gauge application cannot be used to provide alerts or recommendations for treatments of any medical condition and is only a means to log, track and obtain trends of personal health measures, thereby facilitating users to manage their health. Consultation with a healthcare professional for accurate measurements and clinical assessments is mandatory.
By using, visiting, or browsing the Service, you accept and agree to these Terms. If you do not agree to these Terms, do not check the confirmation box or use the Service.
Account means a Health Gauge account and personal profile created by an individual.
Cookies means small files stored on your device (computer or mobile device).
Personal Information means recorded information about an identifiable individual.
Service means Health Gauge website, services, mobile and any related online applications operated by Health Gauge.
Terms means the Health Gauge Terms of Service.
To use the Service you must create an account. You are responsible for all activity that occurs in your account. Persons under the age of 16, or any higher minimum age in the jurisdiction where that person resides, are not permitted to create an account or use the Service unless their parent has consented in accordance with applicable law.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use a strong account password that uses a combination of upper and lower case letters, numbers, and symbols. You agree not to disclose your password to any third party. You must notify Health Gauge immediately upon becoming aware of any breach of security or unauthorized use of your Personal Profile.
Health Gauge collects personal information that is necessary to support your use of the Service. For information about how we collect, use, disclose, store, and secure your data, as well as our use of Cookies, please see our Privacy Policy.
Health Gauge is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease. The Service is not meant as a substitute for or alternative to information from health care practitioners. If you have, or suspect you have, a medical condition, consult your doctor before using the Service, starting an exercise program, or changing your diet.
Health Gauge may enable you to upload attachments to your Personal Profile on the Service. You may allow and remove access to your attachments by other users or care providers through the settings in your Personal Profile. You retain all rights to the attachments that you upload to the Service.
You agree not to upload any attachments that contain software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contain other harmful, disruptive, or destructive files or content.
As part of your use of the Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You can control most communications from the Service through your Personal Profile. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
The Service is currently available for free on both mobile app and web application formats. In addition to the free application, Health Gauge reserves the right to provide a paid subscription for users who opt-in to pay to receive additional features and services. These Subscription Terms apply to your purchase and use of any paid Health Gauge services, including automatically renewing subscriptions.
Where subscription services are provided for, you will have the option to choose a monthly or annual subscription term. Your subscription will automatically renew for the same subscription term until you cancel the subscription, or we suspend or stop providing the subscription in accordance with our Terms of Service. You will be charged prior to, or at the beginning of, each renewal term.
You may cancel your subscription at any time through a link in your personal profile. Your cancellation will take effect at the end of your current subscription term. When you cancel a subscription, you will continue to have access to the Service until the end of your current subscription term.
Health Gauge will retain a copy of the user’s data for a period of 30 days from cancellation of the subscription and/or suspension due to end of services term/agreement. End users will be provided a notice of end of term prior to cancellation and deletion of the account.
We reserve the right to adjust pricing for our subscriptions at any time. Any price changes will take effect following a 14-day advance notice to you.
Where provided for, Health Gauge offers paid services for users who opt-in to pay to receive additional features and services. These Payment and Billing Terms apply to your purchase and use of any paid Health Gauge services, including automatically renewing subscriptions and one-time purchases of services.
You authorize Health Gauge to charge your chosen payment method for your chosen subscription, when provided for, or for the one-time purchase of services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize our third-party payment processor to charge your payment method for the total amount of your purchase including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your subscription may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.
Subscriptions are personal to you and may not be used by any other person. You will not allow anyone else to use your subscription and you will not transfer any subscription or disclose your password to any other person. You will report to Health Gauge any unauthorized or prohibited use of your subscription.
Health Gauge may change the Terms of Service at any time by notifying the User 14 days in advance.
Health Gauge may at any time change or discontinue features of the Service without notice. Health Gauge reserves the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Health Gauge without prior notice to you.
We reserve the right to suspend or deactivate your Personal Profile, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your information related to your Personal Profile.
You may delete your account any time through your Personal Profile. When you delete your account there will be a 30-day holding period where you can undo the delete and re-establish your account by contacting Health Gauge at privacy@healthgauge.com.
You may request that all your information and data be deleted from your account by contacting Health Gauge at privacy@healthgauge.com. For more information also see Health Gauge’s Privacy Policy.
All right, title, and interest in and to the Service (excluding Content uploaded by users) are and will remain the exclusive property of Health Gauge and its licensors.
Nothing in the Terms gives you a right to use the Health Gauge name or any of the Health Gauge trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Health Gauge or the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without obligation to you.
You agree that you will not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer, or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure, or organization); or (iii) remove any copyright notices, identification, or any other proprietary notices from any of the software, copyrighted content and any proprietary information of this system.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HEALTH GAUGE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERRED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
If you have any questions regarding these Terms of Service, please contact us by email at info@healthgauge.com or in writing at:
Health Gauge
1320, 10130 – 103 Street NW
Edmonton AB
T5J 3N9
Date of Last Revision: March 9, 2022
