This End User License Agreement is between you, the heart/work iOS App and its service and governs use of this app made available through the Apple App Store. By installing the heart/work iOS App, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this agreement, you are not entitled to use the heart/work iOS App.
This Agreement is between you and heart/work iOS App only, and not Apple, Inc.; Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. heart/work iOS App, not Apple, is solely responsible for the heart/work iOS App and its content.
The heart/work iOS app is not designed to diagnose, treat or prevent any illness or health problem nore does it provide medical, health, wellbeing related advice. If you have any medical condition, are taking medication of any kind, are pregnant, suffering from chest pain, shortness of breath or any other ailment, you agree to consult with a physician before using the Service. If there is any problem or feeling of discomfort during usage of our Service, you agree to immediately discontinue the usage and consult with a physician. If you experience a medical emergency, you should terminate the use of the heart/work iOS app and its service immediately and contact emergency medical services. heart/work iOS App and its service is in no way responsible for any medical, health of wellbeing problem that may result from using the service or relying on information made available through our service. You agree to use heart/work iOS App and its service solely at our own risk.
heart/work iOS App grants you a limited, non-exclusive, non-transferable, revocable license to use the heart/work service for your personal, non-commercial purposes. You may only use the heart/work iOS App on Apple devices that you own or control and as permitted by the App Store Terms of Service. The app allows you to conduct workout sessions (e.g. breathing or mediation exercises among others) for which it will store performance data in HealthKit on your iPhone or Apple Watch. During this process your location information will be used to obtain environmental information (e.g. weather data). The data created and additional data collected from HealthKit will be uploaded to heart/work iOS App servers and might be shared with others. All data is stored in an anonymized format and can not be traced back to any personal identifiable information. The aggregated data might be shared with other 3rd parties for research purposes or by licensing the use of the data. heart/work might refuse you access to its services (e.g. access to the heart/work servers) at any time. Refusal to access the server might cause the iOS app not to work properly.
Content provided by you to the heart/work iOS App is acquired through HealthKit on your iPhone and/or Apple Watch. You have access to your content via HealthKit and can export or delete your data within the HealthKit App on your iPhone. Additionally you can delete all visualisations created based on your provided data with in the heart/work iOS App. This functionality is to be used in case you want to delete all user content data from the service (right to erasure). You are responsible for backing up you user content that is stored within the heart/work iOS app, e.g. by means of iCloud backups. Although we provide persistent storage within the heart/work iOS App and also on our server, we are not responsible for any loss of user content or other types of data. Your user content is saved in an anonymized format and contains no personally identifiable information about you.
heart/work iOS App and our licensors own the right to all intellectual property found in the heart/work iOS App and its Service, including copyrights, trademarks and patents. All rights are reserved. You will not misuse or misrepresent the ownership of any intellectual property linked to heart/work iOS App, including but not limited to copyrights and trademarks. You will not attempt to disturb the heart/Work iOS App's security, connectivity or integrity at any time.
By using the heart/work iOS App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the heart/work iOS App does not violate any applicable law or regulation. Your access to the heart/work service may be terminated without warning if heart/work believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If access to the service is terminated, the iOS app might not work fully. If you are a parent or legal guardian and you provide your consent to your child's use of the heart/work iOS App, you agree to be bound by this Agreement in respect to your child's use of the heart/work iOS App and its service
For certain features of the heart/work iOS App and its Service we might charge a fee. These could be charged as a single purchase of certain services, subscriptions or applications updates either as an "In App Purchase", a regular app retail price or other forms of payment. When you make an In App Purchase or buy the app through the Apple iTunes App store, you are agreeing to Apple's iTunes Terms and Conditions. For purchases via the Apple iTunes App Store, payment will be collected by Apple, not heart/work iOS App and its Service.
The heart/work iOS App disclaims all warranties about the heart/work iOS App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, heart/work iOS App, not Apple, shall be solely responsible for such warranty.
heart/work iOS App does provide minimal maintenance and support for its service but not to the extent that any maintenance or support is required by applicable law. heart/work iOS App, not Apple, shall be obligated to furnish any such maintenance or support.
heart/work iOS App, not Apple, is responsible for addressing any claims by you relating to the heart/work iOS App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the heart/work iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims. Third Party Intellectual Property Claims heart/work iOS App shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the heart/work iOS App. To the extent heart/work iOS App is required to provide indemnification by applicable law, heart/work iOS App, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the heart/work iOS App or your use of it infringes any third party intellectual property right.