Thank you for using The Global Coherence App and optional Sensor. These terms of service (the "Terms") govern your access to and use of the Global Coherence App websites and services (the "Services"), so please carefully read them before using the Services.
The Global Coherence App, including hardware, SOFTWARE and documentation is furnished under license and may only be used or copied in accordance with the terms of such license. The information in the documentation is furnished for informational use only, is subject to change without notice, and should not be construed as a commitment by HeartMath Institute (HMI).
Except as permitted by such license, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, recording, or otherwise, without the prior written permission of HMI.
Please remember that existing artwork or images may be protected under copyright law. The unauthorized incorporation of such artwork or images could be a violation of rights of the author(s). Please be sure to obtain any permission required from such authors.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with HMI and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
If you are using the Services on behalf of an organization, You are agreeing to these Terms and promising that you have the authority to bind that organization to these terms. In that case, "you"and "your"will refer to that organization.
By using our Services you provide us with information and files that you submit to our Web Servers (together, "your data"). You retain full ownership of your personal data. While we don’t claim any ownership to any of it. With your agreement, we will collect anonymous data for research purposes. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services or for anonymized data collection, as explained below. You give us the permissions we need to do those things solely to provide the Services with option of allowing us to use your data for research. This permission also extends to trusted third parties we work with to provide the Services.
The Services may provide features that allow you to share your data with others or to make it public. There are many things that users may do with that data (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. HeartMath Institute has no responsibility for that activity.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not HMI, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.
You must not upload spyware or any other malicious SOFTWARE to the Web Servers. You, not HMI are responsible for maintaining and protecting all of your data. HMI will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current to continue to access your data.
A version of the application is made available to you free of charge. If you choose to purchase the Pulse Sensor, HeartMath Institute reserves the right to amend or charge for the application and its services provided to you.
You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify HeartMath Institute of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data to our Web Servers, it is your responsibility to use a secure encrypted connection to communicate with the Services.
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by patent, copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the any of HeartMath trademarks, logos, domain names, or other brand features.
The Services may contain links to third-party websites or resources. HeartMath Institute does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any SOFTWARE under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
To the maximum extent permitted by applicable law, in no event shall HeartMath Institute or their respective suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss arising out of the use or inability to use the SOFTWARE, device failure or malfunction, or any and all other commercial damages or losses, even if HeartMath Institute or any of such suppliers has been advised of the possibility of such damages. In such case, HeartMath and their respective suppliers’entire liability shall be limited to the amount paid by you for the SOFTWARE or Pulse Sensor. Because some states/provinces/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
We may revise these Terms from time to time. If a revision, in our sole discretion, is material we may notify you (for example via e-mail to the e-mail address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and HeartMath Institute with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. HeartMath Institutes’failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but HeartMath Institute may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. HeartMath Institute and you are not legal partners or agents.
Last modified: September 1, 2018.