Obchodní podmínky

These GTC apply to the MyKARDI (“ MyKARDI ”) software product and related services and goods offered to you as MyKARDI users (hereinafter referred to as “ User ” or “ You ”) in the interactive online platform www.mykardi.com (“Platform”) and/ or the MyKARDI mobile application (the “Application”).

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY:

1. The company is not responsible for any damage that may occur to you or a third party in connection with the use of MyKARDI, and provides only minimal guarantees for MyKARDI.
2. MyKARDI is a user application that is not a medical device, does not serve to diagnose, evaluate data or diagnose heart disease and does not replace a doctor or take responsibility for your behavior. By accepting these TOS, you acknowledge that you are solely responsible for your use of MyKARDI and your health.
3. The use of the MyKARDI software or the Device offered by the Company does not replace the user’s consultation with a medical professional.
4. The User expressly acknowledges that any data obtained through MyKARDI may contain errors. To the extent permitted by law, the Company assumes no responsibility for the accuracy of this data.
5. If you have any questions, please contact us on our website, by e-mail or by phone.

2. SUBJECT OF THE AGREEMENT

1. Based on the acceptance of these GTC, the Company grants its users the right to use the MyKARDI platform and the MyKARDI mobile application. MyKARDI mobile application means the application for Apple iPhones, Android phones and for other smartphones and devices, including tablets globally (“Device”), which can be used separately on the Device and in connection with the Platform.
2. The User hereby confirms that he/she is informed that as a result of the transfer of data from the Device to the Platform, certain costs will be incurred by the operator of mobile services, which shall be borne by the User.
3. If you choose to subscribe to and use the App, the Company grants you a limited license to access and use the MyKARDI Platform and App, provided that you comply with the TOS, Privacy Policy and any other rules and requirements communicated to you by the Company, including payment applicable fees. You acknowledge and agree that the Company may modify, update and otherwise change the MyKARDI Platform and Application at any time in its sole discretion.

3. REGISTRATION

1. In order to use MyKARDI, a one-time user registration is required and the minimum age limit of 18 must be met, due to the requirement that only persons legally capable of concluding contracts in their own name and under their own responsibility can enter into a contract.
2. For the purposes of registration, the user must provide the data required by the registration form, e.g. first name, surname, date of birth, in full and correctly, except for data marked as optional. Registration is only possible under the user’s civil name, i.e. fictitious names or pseudonyms cannot be used.
3. The MyKARDI function can only be used after proper registration, ordering and payment of the selected subscription according to the valid price list of the Company.
4. When paying, the user confirms his awareness and full agreement with the content of these GTC, as well as the fact that all registration data is true, accurate, current and complete and that the user will keep all registration data updated.
5. The Company reserves the right to refuse user registration without giving a reason. In such a case, all transferred data will be promptly deleted and, unless otherwise stated, the paid subscription will be returned to the user.
6. If the user provides false, inaccurate, out-of-date or incomplete information, or if the Company has reasonable grounds to suspect that such information is inaccurate, out-of-date or incomplete, the Company shall have the right immediately and without prior notice to suspend or cancel and refuse any current or future using the MyKARDI service, while the registered user will not be entitled to any refund of the amount paid so far.
7. The Company has the right to terminate or cancel the account of any registered user in case of any unauthorized or fraudulent use of that account.
8. The Company is not responsible for the real identity of the user.
9. The Company reserves the right to change options or features of MyKARDI. If the changes do not have a negative material impact on the use of the application, the Company will not refund the amounts already paid, unless otherwise stated.

4. TERMS OF USE OF MyKARDI AND THE DEVICE

1. Compatibility and data transfer. The MyKardi Software has been created exclusively for use with a portable heart rate data storage device designated as compatible by the Company (hereinafter referred to as the “Device” ), which sends the acquired data via Bluetooth at regular intervals to the Device for storage within the MyKARDI software. Sending and saving data from the Device takes place only if the Device is connected to the Internet and Bluetooth is turned on both on the Device and on the Device. Internet connection is ensured by the user himself at his own expense. The Company warns that the MyKARDI software may not work with a device other than the Device specified by the Company, for this reason the Company requires connection only with a compatible Device. The User is obliged to familiarize himself with the instructions for the Device before the first use (in particular, for accurate results, it is necessary to ensure that the Device is clean, regularly washed and properly fitted and tightened, equipped with a charged battery). If the Device is not used correctly and in accordance with the instructions for use, the results recorded in MyKARDI may be distorted, for which the Company bears no responsibility. The software does not ensure the evaluation of stored data.
2. The Company is entitled to offer the user one compatible Device as part of ordering and paying for the first subscription. The provision of the Device is strictly linked to the first subscription. In the case of personal handover, a handover protocol will be drawn up. By handing over and paying the first subscription, the user becomes the owner of the Device. The risk of damage to the Device passes to the user upon taking over the Device. The User who is a consumer is provided with a warranty period of 24 months for the Device from the date of receipt of the Device. The user is obliged to make a complaint without undue delay after discovering a defect directly with the Company, to the address of the Company’s headquarters or via e-mail: support@mykardi.com.
3. You may not use the Platform or the Application for any purpose beyond the access granted in these TOS. You may never, directly or indirectly, or permit any third party to: (i) license, copy, modify or create derivative works of the Platform or Application, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to obtain or access any part of the Platform or Application, in whole or in part; or (iii) use the Platform or Application in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person (including without limitation web scraping) or that otherwise violates any law, regulation or other legal requirement.
4. Each user account and user data can be tracked through a unique QR code that will be communicated to the user. The user is entitled to disclose the QR code to any other third party at his own risk. In such a case, the Company bears no responsibility for the publication of the QR code and possible publication of data by a third party selected by the user.

‍ 5. SUBSCRIPTION

1. The company offers different subscription periods. Subscription types and applicable prices can be found in the activation email and in the patient information leaflet. All prices are subject to change at the Company’s discretion at any time. Any price changes will be announced on the platform or in the application. If the delivery of the Device is part of the subscription, then the user does not pay the price of the Device if he pays the agreed subscription in full.
2. If the delivery of the Device is part of the subscription, then the contract for the provision of services from the subscription takes effect from the moment the Device is delivered to the user. Payment for the subscription, which includes the delivery of the Device, is due no later than 30 days from the date of delivery of the Device to the user, if the user has not exercised the right to withdraw from the contract within the specified period (see Article VIII. paragraph 2).
3. By ordering the delivery of the Device, the user understands that the Device has a value equal to the amount of the subscription for a period of 3 months according to the valid price list of services on the day of ordering the services. If the ordered subscription is not paid within 30 days from the date of delivery of the Device to the user and the user does not return the undamaged, unpacked and unused Device back to the Company at his own expense, the Company is entitled to claim payment of the value of the Device and the user is obliged to pay the value of the Device to the Company.
4. Unless otherwise stated, payment is made in advance for each subscription period.
5. The user can cancel the subscription at any time by contacting email support or the customer line. Unless otherwise specified, the Company does not refund the subscription paid so far, as the subscription includes payment for the transferred Device and services related to data storage.
6. If the user does not cancel his subscription, each period of the paid subscription ends only when the agreed period expires.

6. USER OBLIGATIONS

1. Each user is responsible for protecting their MyKARDI account against unauthorized and fraudulent use. In case of discovery, it is necessary to report such fact to the Company without undue delay, otherwise the Company will not provide a refund of any sums that you pay to the Company before the user reports the unauthorized and fraudulent use of the account.
2. The Company further reserves the right to terminate the user’s registration and subscription for serious reasons, such as a gross violation of the user’s obligations under the provisions of these GTC and ancillary contractual arrangements.
3. The user is entitled to use MyKARDI only in accordance with the user documentation (if available), the instructions for using the MyKardi software can be found here www.kardi-ai.com/cz/mykardi-manual , the user must familiarize himself with this documentation before the first by use; and in such a way that can be considered reasonable, customary and not abusing the rights or legitimate interests of the Company. By using MyKARDI, the user must in no case unlawfully interfere with the rights of the Company or third parties.
4. The User is not authorized to make any disruptive interference with the Company’s network including the Company’s products using technical and electronic means, such as hacking attempts, brute force attacks, introducing viruses/worms/Trojan horses and any other disruptive attempts aimed at the Company’s software or hardware.
5. The Company reserves the right to remove User Generated Content without reason. In such a case, the user will be notified without undue delay.

‍ 7. TERMINATION OF MyKARDI

1. The Company reserves the right to terminate any MyKARDI Application. Termination of the application will be notified to all users. Following this notice, users are entitled to use the application for the duration of the current subscription period. During this period, it may not be possible to download the application on another device and the Company will not update the application during this period. The company is not responsible for this.

8. USER RIGHTS OF THE CONSUMER

1. If you are a registered user and use MyKARDI products for a purpose unrelated to your business or professional self-employment, the following provisions of the Czech Consumer Protection Act apply to you as a consumer, among others:
2. If the contract was concluded outside the Company’s business premises, you can withdraw from the contract with the Company in writing, e.g. by letter or e-mail, without giving reasons within 14 days from the date of conclusion of the contract. You can cancel the contract by sending a withdrawal to the address: KARDI AI Technologies s.r.o., 28. října 459/11, 779 00 Olomouc. In the event that the delivery of the Device was part of the subscription, it is necessary that you also send the unused, unpacked and undamaged Device to this address of the Company. If you have removed the Device from its original packaging, i.e. violated its hygienic protection, then for hygienic reasons it cannot be returned, or will be returned a Device that shows signs of use or damage (including the packaging), the Company is entitled to claim payment of the value of the Device from the amount of the already paid subscription, which would have been returned to you in the event of proper and timely exercise of the right to withdraw from the contract. Any costs that you incur in connection with withdrawing from the contract and returning the Device are solely borne by you.
3. You can exercise your right to cancel the contract using the following form:

I, name: ___________________________ date of birth: ________________, apartment: _____________________________, hereby withdraw from the contract by which the following services are provided to me: ___________________________________ and goods: ____________________________, ordered on ___________________.

Place: Date: Signature:

4. In case of withdrawal from the contract, the already paid subscription will be returned to you. However, the company is entitled to deduct a proportionate part of the subscription for the period from negotiation to withdrawal from the contract.

5. The body responsible for out-of-court settlement of consumer disputes is the Czech Trade Inspection (website: https://www.coi.cz/ ).

9. LIABILITY

1. The Company is not responsible for inaccurate user-generated content.
2. MyKARDI is offered only “as is”, that is, without any guarantees for its functionality, usability or reliability, and the Company is not responsible for any defects. The Company has no obligation to create and provide You with (and does not provide any guarantees for) updates, innovations and other parts or versions of MyKARDI developed in the future.
3. The Company is liable in accordance with the currently valid laws, regardless of the legal basis of such liability (pre-contractual, contractual, civil law) only if the Company itself is responsible for specific damage intentionally or due to gross negligence. In case of slight negligence of the Company, it is not liable to other business entities, nor to consumers for personal damages. The company is not liable to business entities for consequential damages, simple monetary damages, lost profit or for damages resulting from third-party claims.
4. Neither the Company nor any of its affiliated business entities shall be liable for damages resulting from the use of content made available through the use of the online platform or otherwise through the use of MyKARDI products. This also applies to damages resulting from errors, problems, viruses or data loss.
5. The Company assumes no responsibility for materials downloaded or materials obtained through the use of MyKARDI. The User is solely responsible for any damage caused by these materials to their Device system or information lost as a result of downloading the materials from any of the MyKARDI products.
6. You expressly agree that the Platform and Application do not involve the provision of medical advice. The Platform and Application are not intended to diagnose, treat, cure or prevent any disease or medical condition. The platform and application are for informational purposes only and cannot replace the services of doctors or healthcare professionals. The Services, including all information, text, photographs, images, illustrations, graphics, sound, video and audio-video clips and other materials, whether provided by us or by third parties, are not intended and should not be used as a substitute for (a) medical advice or other healthcare professionals, (b) a visit, phone call or consultation with a doctor or other healthcare professionals, or (c) information contained on the product packaging or label. Call or see your doctor or other healthcare professional right away if you have any health-related questions. In case of emergency, call your doctor immediately. You should never disregard medical advice or delay in seeking medical advice for any information provided on the Platform and/or App and you should not use the Platform and App or any information provided on the Platform and App to diagnose or treat medical conditions. Transmission and receipt of the Platform and Application, in whole or in part, or communication via the Internet, email or other means does not establish or create a relationship between you and the Company as a physician, patient, therapist or other healthcare professional.

10. DATA OWNERSHIP AND SECURITY

1. All your data remains your property. The company is not responsible for the data and reserves the right to delete your data under the terms of the GTC. The company does not otherwise interfere with, access or use your data for any other purpose than to fulfill the scope of services provided by the platform and/or application, by technically ensuring their transfer, except in cases where (a) it is ordered to do so by a legal regulation or for them according to of the legal regulation assumes responsibility, or (b) performs analysis of aggregated data for the purpose of evaluating market trends and improving and further developing the MyKARDI software. The company reserves the right to freely dispose of the aggregated data analysis, to use it for its own benefit and to resell the anonymized analysis results to third parties. The company declares that all data stored on the server part of the MyKARDI software are secured in a reasonable and customary manner against unauthorized or accidental access, their alteration, destruction or loss; however, if the above occurs, the Company bears no responsibility for the above.

11. PRIVACY POLICY

The user is obliged to familiarize himself with the personal data protection policy here: https://www.kardi-ai.com/cz/prohlaseni-o-zasadach-ochrany-osobnich-udaju

12. FINAL PROVISIONS

1. The company is entitled to unilaterally change these GTC at any time. You will be notified of the change via the provided email address and/or via the platform or application. If you disagree with a fundamental change to these GTC, you have the right to terminate your registration and subscription within 14 days.
2. It is not possible to accept the contract with any reservation, amendment, deviation or other words. If you have objections to any part of the agreement, you must refrain from all further use of MyKARDI.
3. Notification of the user by the Company will be carried out in the form of a notification on the platform or in the application, or by notification to the user’s e-mail.
4. The contract and all legal relationships (including non-contractual ones) resulting from it are governed by the law of the Czech Republic.
5. In the event that some individual provisions of these GTC are invalid or expire, all other provisions remain in full force and effect.
6. The English version is informative in nature.

These GTC take effect on: 1/3/2023