Interpretation and Definitions

Interpretation

Capitalized terms have specific meanings as defined below. These definitions apply regardless of whether the terms appear in singular or plural form.

Definitions

• Application: Refers to the HeartFlow App, provided by the Company and accessible on various devices.

• Application Store: The digital distribution platform operated by Apple Inc. or Google Inc.

• Affiliate: An entity that controls, is controlled by, or is under common control with a party, where "control" signifies ownership of 50% or more of shares or voting rights.

• Company: The developers of the HeartFlow App, referred to as "We," "Us," or "Our."

• Device: Any device capable of accessing the Service, including but not limited to cellphones and tablets.

• Free Trial: A limited, cost-free period available for certain Subscription plans.

• In-app Purchase: Purchases made within the Application, governed by these Terms and the Application Store’s terms.

• Subscriptions: Services or access provided on a recurring subscription basis by the Company to You.

• Terms and Conditions (Terms): The complete agreement between You and the Company regarding the Service.

• Third-party Social Media Service: Any third-party services or content available through the Service.

• You: The individual or entity accessing or using the Service.

Acknowledgment

These Terms establish the agreement between You and the Company governing your use of the Service. By accessing or using the Service, You agree to be bound by these Terms. If You do not agree to these Terms, You are not permitted to use the Service. You must be at least 18 years of age to use the Service. Use of the Service is also subject to our Privacy Policy.

Subscriptions

Subscription Period

Subscriptions are billed in advance on a recurring basis (e.g., weekly) and automatically renew unless canceled by You.

Subscription Cancellations

You may cancel a subscription via your Account settings or by contacting Us directly. Please note, no refunds are provided for fees already paid within the current billing period, although access will continue until the end of that period. In-app Purchases must be canceled through the Application Store.

Billing

In cases where automatic billing is unsuccessful, an invoice will be issued to You. For In-app Purchases, billing processes are managed by the Application Store.

Fee Changes

The Company reserves the right to change subscription fees. Any fee changes will be communicated to You in advance, and continued use of the Service after such changes implies your acceptance of the revised fees.

Refunds

Fees paid are non-refundable unless required by law. Refunds for In-app Purchases are handled by the Application Store.

Free Trial

We may offer a Free Trial at our discretion. If billing information is required, charges will begin automatically at the end of the Free Trial period unless canceled. We reserve the right to modify or terminate Free Trials at any time without notice.

In-app Purchases

In-app Purchases are final, non-cancelable, and non-transferable. The billing and transaction processes are managed by the Application Store, and any issues should be directed to them.

Intellectual Property

The Service, including all original content, is the property of the Company and its licensors and is protected by copyright, trademark, and other applicable laws.

Links to Other Websites

The Service may contain links to third-party websites or services that are not controlled by the Company. We are not responsible for the content or practices of these third parties, and we encourage You to review their terms and policies.

Termination

We reserve the right to suspend or terminate your access to the Service immediately if You breach any provision of these Terms.

Limitation of Liability

The Company is not liable for any indirect, incidental, or consequential damages arising from or related to the use of the Service.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE" without any warranties, and we disclaim all warranties to the fullest extent permitted by law.

Governing Law

These Terms are governed by the laws of the respective country, excluding its conflict of law principles.

Dispute Resolution

If any issues arise, please contact Us directly to attempt to resolve the matter informally.

EU Users

EU consumers are entitled to any mandatory provisions of the law applicable in their country of residence.

U.S. Federal Government End Use Provisions

Our Service qualifies as a "Commercial Item" as defined in 48 C.F.R. §2.101.

U.S. Legal Compliance

You affirm that You are not located in a country subject to U.S. government sanctions or listed on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision is found to be invalid or unenforceable, it will be modified to accomplish its intent, and the remaining provisions will continue in full force and effect.

Waiver

Failure to enforce any part of these Terms does not constitute a waiver of our right to enforce such provision in the future.

Translation Interpretation

In case of a dispute, the original English text of these Terms shall prevail.

Changes to These Terms

We reserve the right to modify these Terms at any time. Significant changes will be notified to You at least 30 days before taking effect. Continued use of the Service after changes implies acceptance of the new Terms.