TERMS AND CONDITIONS
I. Terms and conditions for online shop
Use of the Service is subject to acceptance of these Terms of Service. By using the Service or any portion of it you accept the Terms of Service. If you do not agree with these Terms of Service, we expect you to leave our web site and uninstall Baby Heart Beat Mobile Applications.
These Terms of Service constitute an agreement between the person, company or organization ("You") and SANA Meditech S.L., Calle Guitard 80, 5-8, Barcelona 08014, Spain including its possible affiliates and suppliers (collectively "SANA Meditech") defining your and SANA Meditech's rights and responsibilities with respect to the Service.
SANA Meditech reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.babyheartbeat.eu homepage.
Modifications to the Service and Prices
SANA Meditech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to items available in the online shop, are subject to change without notice from SANA Meditech. Such notice may be provided at any time by posting the changes to the website www.babyheartbeat.eu or the Service itself. SANA Meditech shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Material Ownership
The content, features and functionality of the Service are owned by SANA Meditech and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
SANA Meditech reserves all rights to the content, features and functionality of the Service worldwide. SANA Meditech grants you a non-exclusive, non-transferable license, revocable at any time at SANA Meditech's sole discretion, to access and use the Service strictly in accordance with these Terms of Service. The outlook and other contents of the Service is copyright © 2019 SANA Meditech S.L. all rights reserved. You may not duplicate, copy, or reuse any portion of the Service without express written permission from SANA Meditech.
BabyHeartBeat is a registered trademark of SANA Meditech. Other names or symbols appearing in the Service may be protected symbols of their respective owners. Without the prior written consent of SANA Meditech or the relevant third party access to the Service is not to be interpreted, indirectly or in any other way, as the granting of a licence or any other access right to a symbol appearing on the website.
The Service may contain links to third-party sites that are not owned or controlled by SANA Meditech. SANA Meditech has no control over, and assume
SANA Meditech welcomes your feedback and suggestions and uses them to develop and improve the Service. In providing feedback and suggestions, you grant SANA Meditech unlimited, royalty-free rights to such material that you provide. SANA Meditech is thus not liable to pay any compensation for any of the feedback or suggestion material that it uses.
Disclaimer of Warranties and Liability
SANA Meditech makes no warranty that its websites or the servers that make them available are free of viruses or other harmful components or that the web site functions will be uninterrupted or error-free.
Ordering from Online Shop
Items advertised in the online shop may be available in a limited capacity. That an item has been included for sale in the online shop can't be regarded as a binding legal offer. A binding agreement on the sale of an item is created only after the purchasing process in the Online Shop has been appropriately completed.
You are responsible for ensuring that the information you provide is up to date, correct, and sufficient, so that we can deliver your order. Items are shipped to the address you submit. You must ensure that your stated shipping address is correct. Any delivery times listed in the Service are estimates that are not binding for SANA Meditech. SANA Meditech aims to deliver all items within the delivery times indicated. Unless otherwise indicated, prices do not include costs of delivery but the costs are indicated on the web site, and all prices are inclusive of Spanish VAT. You agree to pay the delivery costs of the items as indicated in the Service. Items must be paid for via one of the methods of payment indicated in the Service. You are responsible for ensuring that you are entitled to use the method of payment you have chosen. Other methods of payment may be used only with the prior consent of SANA Meditech.
Liability for risk related to items is transferred at the moment of the items having been delivered or otherwise placed at your disposal or having been handed over to the possession of a supplier chosen by the recipient (whichever of these occurs first).
Limited Warranty on Ordered Items
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by SANA Meditech’s One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described below.
SANA Meditech grants a warranty for one year from the purchase date for any item purchased in the online shop. The warrantor is responsible for ensuring that the item is suitable for its purpose and remains usable for the warranty period. The warranty covers any material, design, and manufacturing faults manifested during the warranty period. The warrantor is not responsible for faults that are caused by your actions. The warranty does not cover the following, among other things: normal wear of the device or its components, cosmetic changes in the device, faults or damage caused by use or handling of the device in a manner that is incorrect, inappropriate, or counter to the operating and service instructions, faults or damage caused by the buyer, for example, from opening the device or repairing, adjusting, or modifying it, faults or damage caused by factors that the manufacturer cannot reasonably be expected to have control over.
You must inform SANA Meditech of any faults within reasonable time from when you detected them or should have detected them. When reporting a fault, you must present a certificate of warranty, a receipt of purchase, or some other reliable account of where and when the item was purchased. SANA Meditech or a service company authorised by it may choose to rectify the fault or, alternatively, have SANA Meditech provide you with a faultless item within a reasonable time from receipt of your report of the fault. You may not invoke the warranty if the device has been modified or if it has been repaired by a party other than a service company authorised by the warrantor.
SANA Meditech’s liability is always restricted to the purchase price of the Service or the items ordered through it. SANA Meditech is under no circumstances liable for compensation for any incidental, indirect, or consequential damages unless mandatory provisions of law or regulations in force impose an obligation of such compensation. In accordance with the terms of warranty of the items SANA Meditech is not responsible for any damage that is in any way a result of incorrect use of the items or of use that runs counter to the operation instructions. Unless otherwise agreed or provided, the warranty terms of items are only applied for you personally, and the requirement is that you are the user, not a reseller of the item. This limited warranty does not cover the cost of returning the Product; this is your responsibility.
Paying via PayPal
Credit/Debit Card payment
Direct Online Bank Transfer
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is only available via email: firstname.lastname@example.org. SANA Meditech might use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, SANA Meditech, or any other SANA Meditech service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SANA Meditech.
We may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SANA Meditech does not warrant that (a) the Service will meet your specific requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, (d) the quality of any items, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (e) any errors in the Service will be corrected.
You expressly understand and agree that SANA Meditech shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SANA Meditech has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
The failure of SANA Meditech to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SANA Meditech and govern your use of the Service, superseding any prior agreements between you and SANA Meditech (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service are governed by the Laws of Finland without regard to its conflicts of law provisions. Any disputes concerning these Terms of Service or the use of Services shall be settled by the District Court of Barcelona in accordance with the laws of Sapin.
SANA Meditech may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with SANA Meditech. Additionally, SANA Meditech may assign its rights and obligations under these Terms of Service to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
Customers outside the European Union may be liable for any customs and import duties, quotas, permits, product restrictions and other local requirements. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to ordering.
If you have any queries concerning the Service, contact us via email to: email@example.com or by postal mail: SANA Meditech S.L., Calle Guitard 80, 5-8, Barcelona, 08014, Spain.
Personal information may be collected as permitted under the EU General Data Protection Regulation (2016/679) also known as GDPR as well as the Spanish Personal Data Act (523/99).
Our Cloud server Sephertz for storing the APP is fully compliant with GDPR.
II. Terms and Conditions for Mobile APP
This agreement so-called EULA (End-User License Agreement) is a legal agreement between the person, company or organization ("You") with a trademark of BabyHeartBeat software product ("Product") and SANA Meditech S.L., located in Calle Guitard 80, 08014 Barcelona, Spain ("SANA Meditech"). The Product is to be obtained only through Apple's software distribution platform ("App Store") and through Google's software distribution platform ("Google Play Store"). The "App Store" and "Google Play Store" are referred to in this license as "App Stores". By installing and/or using any Product provided by SANA Meditech, You confirm your acceptance of this agreement and you agree to become bound by the terms of this agreement. This EULA shall apply only to a Product supplied by SANA Meditech herewith regardless of whether other software or platform is referred to or described herein.
The Products offered through the App Stores are licensed to You for use only under the terms of this license. SANA Meditech reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the "Licensed Application." The Licensed Application is to be used on devices that operate with Google's operating system ("Android") and/or Apple's operating system ("iOS") and the aforementioned devices are referenced in this license as "Devices". The App Store Terms and Conditions and the Google Play Terms of Service are referenced in this license as "Usage Terms".
Scope of License
This license granted to You for the Licensed Application by SANA Meditech is limited to a non-transferable license to use the Licensed Application on any Devices that You own or control and as permitted by the usage terms. This license does not allow You to use the Licensed Application on any Devices that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not sell, rent, lease, lend, sublicense or redistribute the Licensed Application. You may not copy (except as expressly permitted by this license and the usage terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of SANA Meditech and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by SANA Meditech that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
You agree that SANA Meditech may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. SANA Meditech may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Copyright and Material Ownership
The content, features and functionality of the Licensed Application are owned by SANA Meditech and are protected by international copyright, patent, trade secret, trademark and other intellectual property or proprietary rights laws. SANA Meditech grants you a non-exclusive, non-transferable license, revocable at any time at SANA Meditech's sole discretion, to access and use the Licensed Application strictly in accordance with this EULA. SANA Meditech reserves all rights to the content, features and functionality of the Licensed Application worldwide. The outlook and other contents of the Licensed Application is copyright ©2019 SANA Meditech S.L. all rights reserved. You may not duplicate, copy, or reuse any portion of the Licensed Application without express written permission from SANA Meditech
BabyHeartBeat is a registered trademark of SANA Meditech. Other names or symbols appearing in the Licensed Application may be protected symbols of their respective owners. Without the prior written consent of SANA Meditech or the relevant third party usage of the Licensed Application is not to be interpreted, indirectly or in any other way, as the granting of a licence or any other access right to a symbol appearing on the Licensed Application.
The license is effective until terminated by You or SANA Meditech. Your rights under this license will terminate automatically without notice from SANA Meditech if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Third Party Materials and Services
The Licensed Application may enable access to SANA Meditech's and third party services and web sites ("Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.
Nevertheless, You agree to use the Services at Your sole risk and that SANA Meditech shall not have any liability to You for content that may be found to be objectionable, offensive or indecent.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that SANA Meditech is not responsible for examining or evaluating the content, accuracy any other aspect of such Third Party Materials or web sites. SANA Meditech does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither SANA Meditech, nor any of its content providers, guarantees the availability any other aspect of material provided by any Third party Services.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SANA Meditech is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. SANA Meditech makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. SANA Meditech, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SANA Meditech be liable for the removal of or disabling of access to any such Services. SANA Meditech may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You expressly acknowledge and agree that the use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application ("services") are provided "as is" and "as available," with all faults and without warranty of any kind, and SANA Meditech hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. SANA Meditech does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that effects in the licensed application or services will be corrected. No oral or written information or advice given by SANA Meditech or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
The Licensed Application doesn't provide any medical advice, but only gathers the information and Material You want to file there. The content of the Licensed Application is for educational or statistical purposes only and is not intended to replace personal consultation with a qualified physician or other healthcare professional. Always seek the advice of your physician or other qualified healthcare professional with any questions you may have regarding a medical condition or drug. You should never disregard medical advice or delay in seeking it because of the Licensed Application. SANA Meditech does not provide health care services and therefore cannot guarantee any results or outcomes. SANA Meditech does not recommend self-management of health problems, nor does it promote any particular form of medical treatment.
If the healthcare professionals consult you later on in connection and based on the Material gathered in the Licensed Application, You and the healthcare professionals shall have a direct relationship thereupon. SANA Meditech is not in any way liable on such actions and is not acting anyhow thereupon as a healthcare professional, but only is providing the Licensed Application to gather the Material you desire to collect there. Licensed Application analyzes with mathematical algorithms voice audio received from a home fetal Doppler monitoring device and/or mobile device microphones. SANA Meditech is not in anyway liable on correctness of voice audio that the Licensed Application receives from home fetal Doppler monitors and/or mobile device microphones. Thus SANA Meditech cannot guarantee the correctness of any results or outcomes, like e.g. fetal heart rate or fetal heart rate graphs, from analysing the voice audio.
Limitation of Liability
To the extent not prohibited by law, in no event shall SANA Meditech be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if SANA Meditech has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
In no event shall SANA Meditech's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty euros (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Apple's Limitations of the iOS version of the Licensed Application
In the event of any failure of the iOS version of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS version of the Licensed Application to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the iOS version of the Licensed Application. In the event of any third party claim that the iOS version of the Licensed Application or your possession and use of the iOS version of the Licensed Application infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
Third Party Beneficiary of the iOS version of the Licensed Application
You and SANA Meditech agree that Apple and Apple's subsidiaries shall be third party beneficiaries of this EULA and upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third party beneficiary thereof.
These Terms of Service are governed by the Laws of Spain without regard to its conflicts of law provisions. Any disputes concerning this EULA or the use of the Licensed Application shall be settled by the District Court of Spain in accordance with the laws of Spain.