MOVESENSE ECG RECORDER APPLICATION

General Terms of Use

Valid as of 21 August 2024 until further notice.

1 General

1.1 The Movesense ECG Recorder application is an application owned by Movesense Ltd (business ID FI3218112-5) (hereinafter Movesense, the Service Provider or the Administrator). In the mobile application, users can, among others, view, record, share and transmit electrocardiogram (ECG) data measured by Movesense sensors.

1.2 These general terms of use, together with their respective appendices and together with Movesense’s respective data protection statement and privacy policy (as available at www.movesense.com), constitute the entire Movesense “Terms” concerning the use of Movesense Ltd’s mobile application or website and related services (collectively, the “Service”), from which said Terms are derived. The Terms constitute an agreement between the Service user (the “User”) and Movesense Ltd, defining the rights and obligations of the User and Movesense (including its subsidiaries and subcontractors (collectively, Movesense)) regarding the Service. Certain parts of the Service may be subject to special terms.

1.3 The user may use the Service only if the user agrees to these Terms. By using the Service, the user agrees to these terms.

1.4 The Movesense ECG Recorder Application is an optional mobile software intended to be used with the Movesense MD sensor and to support the use of the sensor in accordance with the sensor’s intended use.

1.5 The Movesense ECG Recorder Application serves as a data gateway for the measured Movesense sensor data and provides functionality for viewing, recording, sharing and transmitting of certain Electrocardiogram data to medical professionals or medically certified analysis tools for further processing, evaluation and possible diagnosis.

1.6 The data visualizations displayed by the Movesense ECG Recorder Application are also intended to support the user in ensuring data quality during sensor use. They allow users to confirm the correct placement of the sensor and verify the quality of the wireless connection between the sensor and the application.

1.7 Any measurement data shall only be interpreted by a healthcare professional with sufficient cardiology qualifications or by software intended for this purpose and certified as a medical device according to the applicable regulatory requirements.

1.8 Any interpretation of the measurement data by a non-healthcare professional is forbidden.

1.9 Always, first and foremost, consult your doctor related to your health status.

1.10 Any commercial use requires prior consent of Movesense.

1.11 Movesense MD sensor or Movesense ECG Recorder shall not be used for monitoring vital physiological parameters in situations where variations of those parameters may cause immediate danger to the patient or where decisions taken based on the parameters involve the risk of death or an irreversible or serious deterioration of a person’s state of health or a surgical intervention.

2 Movesense’s rights and obligations

2.1 As a general rule, the Service is intended to be available 24 hours a day, every day of the week.

2.2 Movesense reserves the right to change, improve and repair the Service at its sole discretion. The Service may be unavailable during maintenance outages and at other times. Movesense also has the right to temporarily block the User’s access to the Service if it is necessary for the operation of the Service.

2.3 Movesense makes no warranties, express or implied, with respect to the operation or functionality of the Service and does not warrant that the Service will operate without interruption or errors.

2.4 Movesense reserves the right, at its sole discretion, to make free sections of the Service chargeable or to terminate the maintenance of the Service in whole or in part. Movesense will endeavour, where reasonably possible, to inform the User in advance, through the Service or in any other manner it deems appropriate, of any changes in the Service that are material to the User, as well as of any interruptions. The changes will take effect as soon as they have been implemented. Movesense reserves the right to terminate the agreement constituted by these Terms and to block access to the Service in such a situation, after the User has been notified of the changes.

2.5 The Service may not be available in all countries, and may be available only in certain languages. The service may be network-dependent. Service users bear all possible third party charges, such as mobile data charges, associated to the use of the Service.

2.6 Movesense may remove from the Service material the disclosure of which in the Service Movesense has prohibited or which, in Movesense’s opinion, is against the law or good practice, inappropriate, incorrect, harmful or damaging to Movesense, the Users or a third party. Movesense has no obligation to notify Users of the deletion of material in advance or afterwards.

2.7 Movesense reserves the right to amend the Terms. The Terms may be amended and supplemented from time to time, particularly as a result of changes in the provision or content of the Services, due to changes in legislation or the practice of officials, or due to unforeseen circumstances. Movesense will provide notice of material changes to the e-mail address provided by the User, in the Service and/or on the Service’s website no later than thirty (30) days before the changes take effect. If a User does not accept the changes, the User has the right to discontinue the use of the Service. The User is deemed to have accepted the changes if the User uses the Service after the changes take effect.

2.8 Movesense has the right to transfer the Service and its maintenance as well as related customer relationships to a company belonging to the same group as Movesense or to a third party in the event of a sale, merger, acquisition, or transfer of substantially all of its assets or business operations, provided that the transferee agrees in writing to be bound by the same obligations which Movesense may have under these Terms.

2.9 If the User has not used the Service for six (6) months, Movesense may, at its sole discretion, annul the User’s password and username. After this, the user can re-register for the Service if they wish. The User’s username and password are automatically deleted when the right of use expires.

3 User’s rights and obligations

3.1 The Service may only be used by people aged 18 and over. If the user is at least 18 years old but a minor under the laws of the user’s country, the user must review the Terms and allow their parent or legal guardian to complete the registration on the user’s behalf before using the Service is possible. The person completing the registration must be legally competent.

3.2 By accepting these Terms and using the Service, the user represents and warrants that they have acted in accordance with the above procedure. If the User does not accept these Terms or wishes to terminate the agreement formed by the Terms, the User must immediately stop using the Service, remove from their device any application they have downloaded for the use of the Service and not share any content or information in the Service.

3.3 The User’s right to use the Service in accordance with the Terms is personal. The User is not entitled to assign or transfer the right to use the Service (including the password and other credentials enabling the use of the Service) to a third party. Movesense may refuse to provide a username, cancel a granted username or prevent the User from accessing the Service in the future if the User has acted or is acting in violation of the Terms, the law or good practice. Failure to pay for the chargeable portions of the Service may also result in termination of right of use.

3.4 The User commits to:

• in all use of the Service, acting in accordance with the Terms and the law and good practice
• following the rules and instructions set elsewhere in the Service
• not posting illegal, offensive, slanderous, pornographic, harassing, defamatory or otherwise inappropriate User-Generated Content
• complying with all local rules for online conduct and acceptable User-Generated Content
• respecting the privacy of others
• obtaining any consents, permits or rights necessary for the lawful posting of the User-Generated Content; and
• posting only User-Generated Content that is not spam and does not contain files or technologies that are harmful to the Service or the interests or property of its users

User-Generated Content is defined in section 7 “Intellectual Property Rights”.

3.5 The User understands that Movesense is not obligated, but has the right, to monitor how the User uses the Service, if Movesense deems it necessary. Movesense is not responsible for the Material submitted by users to the Service.

3.6 If it becomes evident that the User is violating these Terms while using the Service, or if Movesense has reasonable grounds to believe that such violation has occurred, Movesense reserves the right to immediately close the User Account and permanently or temporarily restrict access to the user account and/or the Service without prior notice.

3.7 Movesense reserves the right, at its sole discretion, at any time to remove or to not publish notices, where the notice, its content or the User who made the notice, according to the information received by Movesense, is suspected to involve any legal disputes whatsoever. Movesense has no liability toward the User, even if it later were to become evident that such suspicions of legal disputes have proven to be unfounded.

3.8 In addition, termination of the right to use the Service does not relieve the User of payments for the services or performances whose basis has arisen before the termination of the right of use. Upon termination of the Agreement due to the User’s breach of contract, Movesense has the right not to grant the User access to the Service.

4 Creation and deletion of username

4.1 Use of the Service may require registration. The User must provide Movesense with the information required by Movesense, as needed for providing the Service. The User declares that they have provided the information correctly and up-to-date and undertakes to regularly update the information in their user account in order to ensure that the information is correct and sufficient. The User is responsible for any errors or delays resulting from incomplete or outdated information provided by the User.

4.2 Users are responsible for all activities performed via usernames and for the secure use, maintenance and confidentiality of the password. If the User notices that someone else has used the user’s credentials without the user’s permission, they must notify Movesense about that as soon as possible.

4.3 Deleting a user

• A registered user can delete their username at any time by following the instructions in the mobile application and/or by contacting Movesense for guidance.
• Movesense has the right to remove the user from the Service in accordance with these Terms and to terminate the User’s access to the Service without special reason and without financial liability.

5 PRICING

5.1 Downloading the application, creating a username and using its basic functionality are free of charge.

5.2 The Service may include both free and paid components. The prices and payment terms of the paid components are indicated separately for each component. In addition, various paid products may be available for order through the Service.

5.3 Movesense may change the pricing or invoicing criteria of the Service at its sole discretion by providing notice to that effect well in advance in the Service or in any other manner deemed appropriate. Unless otherwise stated for each service, changes will be announced at least one (1) month before the change takes effect. In the event of a change in the VAT or any other tax or public levy relating to the Service or in the related application practice of the authorities, Movesense has the right to amend the prices accordingly with immediate effect.

5.4 The user does not have the right to cancel paid products or services acquired through the Service after the service or product in question has been rendered digitally on the basis of the User’s order unless otherwise required due to mandatory applicable consumer laws.

5.5 If the use of a paid service provided to the User is prevented in full or in substantial part due to a disruption of a Service under Movesense’s influence and responsibility, the User has the right to extend the right to use the paid service for a period corresponding to the interruption. If the fault of the Service cannot be corrected within a reasonable time, and the extension of the usage time cannot reasonably be considered to constitute a proportionate compensation in an individual case, when assessing the situation as a whole, the User is entitled to a compensation in the form of a price reduction corresponding to the error.

5.6 The user must complain about the fault to Movesense customer service within a reasonable time following the detection of the fault or the time when the fault should have been detected.

6 Taxes

The users of the Service are themselves responsible for paying the taxes and for investigating the tax policy regarding their activities with regard to income taxation, VAT and any other applicable taxation.

7 Intellectual property rights

7.1 Movesense or its licensors own all rights to the Service, including without limitation all trademarks, copyrights and other intellectual property rights in the Service and the material contained therein, and other intellectual property rights in the Service and the text, images, videos, music, software, designs, models, data and all other materials and content that is in the Service or created through it (“Content”), except for User-Generated Content.

7.2 Movesense grants the User the right to use the Service and the Content in accordance with the Terms. The User has the right to use the Service’s Content only for purposes that are part of the normal use of the Service and not commercial use. Movesense grants no other rights regarding the Content to the User. The user may not transfer to third parties any right of use of the Service or Content received from Movesense.

7.3 Any commercial use of the Content by User requires prior commercial negotiations with Movesense and is subject to a separate agreement.

7.4 By posting User-Generated Content on the Service, such as anonymized measurement data, notices, text, images, videos, music, designs, models and/or other material and content (“User-Generated Content”), the User grants Movesense a royalty-free and unrestricted right to utilise User-Generated Content in any way whatsoever. For example, Movesense has the right to modify, format, store, copy, transmit and/or redistribute User-Generated Content and to make User-Generated Content available to the public in any Movesense channel. Movesense has the right to assign these rights to its partners, if any.

7.5 Regardless of the method of distribution or implementation, Movesense has the right to freely use the User-Generated Content in marketing. The rights set forth in this section 7 will remain with Movesense even after the User-Generated Content has been removed. The User waives all claims for compensation concerning the use of User-Generated Content by Movesense.

7.6 The user must ensure that User-Generated Content does not infringe on any third-party rights (e.g., intellectual property rights) or the laws or common best practices.

7.7 When using the Service, the User declares that they understand their right to use the Content and the User-Generated Content in the Service. The User represents that use of the User-Generated Content does not infringe on the rights of third parties and that the User has the right to grant Movesense the right of use of the User-Generated Content.

7.8 For the sake of clarity, it is stated that Movesense has the right to modify, copy, save, store and otherwise use User-Generated Content for the following purposes, among other things:

(i) archival;

(ii) development of the functionality or technical maintenance of the Service;

(iii) demonstrating the fulfilment of Movesense’s statutory rights and obligations;

(iv) other purposes required by law or official orders; and

(v) any other purpose deemed necessary by Movesense

7.9 Any other making available to the public of the content of the Service or any part thereof by means of distribution, presentation or public display, or the storage or making of copies of the content or any part thereof without the prior written consent of Movesense is prohibited.

7.10 Notwithstanding the termination of the agreement, the provisions pertaining to intellectual property rights contained in these Terms and any Special Terms, as well as to Movesense’s right to use the Content and User-Generated Content, its liability for communications liability and limitation of liability will remain in force without time limitation.

7.11 Any personal data included in the Content or in the Service is subject to the Movesense’s respective data protection statement and privacy policy (as available at www.movesense.com).
For the sake of clarity, any raw unprocessed measurement data is handled and processed anonymized and containing the following non-personal metadata: technical ID, year of birth, gender.

8 Limitation of liability

8.1 The Service is provided “AS IS” and “AS AVAILABLE”. Movesense does not warrant that the Service will operate without interruption or that it will be free from errors or viruses. Movesense makes no express or implied warranties of any kind, for example warranties regarding ownership or non-infringement concerning merchantability or fitness for a particular purpose, with respect to the availability, accuracy, reliability, data or content of the Service. The User expressly agrees that the use of the Service is at the User’s own risk and that the User may be exposed to content originating from multiple sources.

8.2 For the sake of clarity, it is stated that the Service shall not be used for diagnostics purposes. Movesense is not liable for any direct or indirect damage that may be caused to the User or third parties by the use of the Service.

8.3 Subject to mandatory law, Movesense is not liable for any direct or indirect damage that may be caused to the User or third parties by the use of the Service or interruptions, delays, errors or shortcomings in the Service or information or notices available through the Service, or for any other direct or indirect damage that otherwise occur in connection with the Service.

8.4 The User is obliged to compensate Movesense and third parties for any damage resulting from an act or negligence of the User in violation of the law, official orders and instructions of the authorities or these Terms or the Special Terms.

8.5 Neither party is liable for damage arising out of an impediment beyond the party’s influence, where the parties cannot be reasonably expected to have taken such impediment into account at the time of entering into the agreement and where the consequences the party could not have reasonably avoided or prevented.

8.6 Movesense assumes no responsibility for any charges, and the User’s telephone carrier or service provider is in all respects solely responsible for the services produced for the User.

8.7 Except as set forth in the Data Protection Policy, Movesense is not responsible for the deletion of any information, User-Generated Content or Content submitted by the user to the Service when the user’s registration is cancelled.

8.8 Movesense is not liable to the user or any third party for any termination of the Service or any part thereof.

8.9 If there is communication between Users in the Service, either directly through private messages or indirectly through content submitted to the Service, Movesense is not liable for any harm or damage that may be caused to other users or third parties by communication or other activities between Users.

8.10 Movesense is not responsible for the User-Generated Content submitted by users to the Service.

9 Other terms

9.1 In addition to what is stated in these Terms, the User undertakes to comply with any instructions from Movesense or its contractual partner related to the use of the Service, which may be issued separately by Movesense or indicated in connection with the use of the Service. The Terms in force at any time are available on Movesense’s website and/or otherwise in connection with the Service.

9.2 The Service may contain links and connections to third-party websites and services. Such services offered by third parties are subject to such third party’s terms of use and other terms, and Movesense is not responsible for the privacy practices, content, functionality or suitability for the user of the websites.

10 GOVERNING LAW AND DISPUTES

10.1 These Terms and their interpretation are governed by the laws of Finland, excluding its choice-of-law provisions.

10.2 Any disputes between Movesense and a User which is a consumer regarding the Terms or the Service will primarily be resolved through negotiations between the parties. Disputes between Movesense and the User will be settled in the public courts of law of Finland.

10.3 Any disputes between Movesense and a User other than a consumer regarding the Terms or the Service will primarily be resolved through negotiations between the parties. Disputes between Movesense and the User will be settled in arbitration by a single arbitrator under the rules of the Finnish Arbitration Institute.

11 Personal data and cookies

11.1 Movesense processes the Users’ personal data in accordance with Movesense’s Data Protection Policy and the legislation on privacy. The services use cookies as described in the privacy policy and cookie policy.

11.2 The data protection statement and privacy policy (together Data Protection Policy), as amended from time to time and available at www.movesense.com, and the applicable additional terms of these Terms govern the use of the user’s personal data. Data Protection Policy specifies how, why and to what extent Movesense collects and uses personal and non-personal information in connection with the Service. By installing, opening or using the Service, the User agrees to the terms of the Data Protection Policy and any other terms of use contained in or related to them.

11.3 By installing, opening or using the Service, the user agrees to the terms and conditions for the collection and use of the user’s data, including (where applicable) the transfer of the data to another country inside or outside the European Union and/or the European Economic Area, such as the United States or Australia.

11.4 By using the Service, the user represents and warrants that Movesense and its subsidiaries or third parties acting on behalf of or approved by Movesense may display in-app advertisements to the user in the Service and that Movesense may commercially exploit non-identifiable user data.

11.5 User consents to the processing of special categories of personal data such as biometrical and health related data such as blood pressure, heart rate, fingerprints or similar as may be relevant in the Service from time to time. Users are requested to grant consent for such data collection explicitly in relation to the Service they use. For certain services or applications, this may be done by adjusting the settings of the application or service, in accordance with applicable law. Denial of the consent may affect the provision of the relevant service. Users may exercise their rights under applicable privacy laws as described in the Data Protection Policy.

12 Term of validity of the Terms and contact information

These Terms of Use will take effect on 21 August 2024 and will remain in effect until further notice.

The User may address complaints, questions about the Terms or feedback regarding the Service to Movesense by contacting Movesense’s customer service using a contact form and/or by e-mail.

Movesense contact information: info@movesense.com

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