Terms of Service

HEARTSPACE HEALTH TERMS OF SERVICE

Last Updated: 17th September 2024

These Terms of Service ("Terms") is entered into by and between Heartspace Health, a NZ Limited Company registered under the laws of New Zealand ("Company," "we," "us," or "our"), and the user ("you," "your," or "user"). These Terms govern your use of our mobile application ("App") and related services (collectively, the "Services"). By using the App and accessing the Services, you agree to comply with and be bound by these Terms. If you do not agree to these terms, please do not use the App or the Services.

Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms by your continued use of the App and our Services after the date such revised terms are posted.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY ACCESSING OR USING THE APP, BY REGISTERING FOR AN ACCOUNT ON THE APP, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED "I AGREE" OR SOMETHING SIMILAR, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS OUTLINED IN OUR PRIVACY POLICY WHICH IS HEREBY INCORPORATED INTO THESE TERMS BY REFERENCE. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO REGISTER FOR OR OTHERWISE ACCESS THE APP.

OUR SERVICES
1. Heartspace Health is a mobile application designed to enhance your well-being through heart rate variability (HRV) and coherence-based breathing exercises. The App integrates with heart rate monitoring chest strap sensors to capture real-time heart rate data during your breathing exercises. This information is crucial for the App's functionality, allowing us to provide you with personalized insights into your heart rate variability and coherence patterns.
2. The App employs advanced algorithms to analyze the recorded heart rate sensor data. The analytics generated include detailed insights into your heart rate variability and coherence, providing a comprehensive overview of your physiological responses during breathing exercises. These analytics are intended to assist you in understanding and optimizing your breathing techniques for improved well-being.
3. To enable accurate heart rate monitoring, Heartspace Health connects to compatible heart rate monitoring chest strap sensors. It is essential to ensure that your sensor is compatible with the App for seamless integration and optimal functionality. Refer to the App's compatibility guidelines or contact our support team for assistance with selecting a suitable chest strap sensor.
SESSION TERMS
1. The App offers guided breathing exercise sessions to enhance your well-being. During these sessions, users shall follow the guidance displayed on the screen to perform breathing exercises aimed at promoting positive changes in heart rate variability and coherence. It is important to note that while engaging in these sessions, the App collects and displays various metrics related to your heart rate.
2. Specifically, during a breathing exercise session, the App collects the following heart rate metrics:
3. The collection of this information serves the primary purpose of personalizing your experience with Heartspace Health. These metrics are used to generate analytics, track your progress over time, and offer tailored recommendations for optimizing your breathing exercises.
4. While participating in the sessions, users are responsible for: (i) Adhering to the guidance displayed on the screen to ensure the effectiveness of the breathing exercises; and (ii) Ensuring that any personal information provided is accurate and up-to-date.
5. By engaging in the sessions on the App, you provide consent for the collection and display of heart rate data, HRV, and coherence scores. This data is utilized exclusively for the purposes outlined in these terms and the App's overall functionality.
SUBSCRIPTION AND PAYMENT TERMS
1. The App is a subscription-based mobile platform and a monthly fee is required to access its full range of features and services. By using the App, you agree to the terms outlined in this section regarding the subscription fee and the payment process.
2. The subscription fee for accessing the Services is processed through the respective payment systems of the App Store for iOS devices and the Play Store for Android devices. Users are required to have a valid payment method associated with their App Store or Play Store account to complete the subscription process.
3. The App offers various subscription plans with different durations and pricing. The details of these plans, including the cost and features offered, are available within the App and on the App Store or Play Store platform. Users can choose a subscription plan that best suits their preferences and needs.
4. All subscription plans for the App are set to automatically renew at the end of each billing cycle. This ensures uninterrupted access to the App's features. Users can manage their subscription preferences, including cancellation or changes to the subscription plan, through their App Store or Play Store account settings.
5. We may at our discretion offer a free trial period for new users. The duration and terms of the free trial will be clearly communicated within the App and may be subject to change. At the end of the trial period, the user will be automatically enrolled in the selected subscription plan unless they cancel the subscription before the trial period concludes.
6. Users are responsible for maintaining accurate and up-to-date billing and payment information associated with their App Store or Play Store account. Heartspace Health is not responsible for any issues arising from outdated or incorrect billing information.
7. Refund requests for subscription fees are subject to the policies of the App Store or Play Store. Users can refer to the respective platforms for information on refund eligibility and procedures. Cancellation of a subscription can be done through the App Store or Play Store account settings.
8. Heartspace Health reserves the sole and exclusive right to modify subscription plans, pricing, the terms associated with subscriptions and the availability of free Trial Periods at our discretion. Any changes will be communicated to users in advance through the App or via the email account associated with the user's account.
9. For any billing-related inquiries or issues, users can contact the Heartspace Health support team via contact@heartspacehealth.co.nz or refer to the support channels provided by the App Store or Play Store.
USER-GENERATED CONTENT
1. User-generated content refers to any content, including but not limited to text, images, videos, and other materials, created or shared by users within the Heartspace Health app. This content may be visible to other users of the app, and it may include contributions to discussions, comments, and other forms of user interaction.
2. By submitting or posting user-generated content within the Heartspace Health app, you grant Heartspace Health a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content in connection with the App and Heartspace Health's promotional activities.
3. User Responsibilities:
  1. Users are responsible for ensuring that their user-generated content is original, accurate, and does not infringe on the rights of any third party.
  2. User-generated content must comply with Heartspace Health's terms of service, community guidelines, and any other applicable policies. Users agree not to post or share any User-Generated Content that is illegal, infringes on the rights of others, is offensive, or violates this Agreement. Content that violates these guidelines may be removed at the discretion of Heartspace Health.
  3. Users are expected to engage in respectful and civil communication when creating or responding to user-generated content. Any content that is offensive, abusive, or harmful may be removed.
4. We reserve the right to moderate, review, and remove user-generated content that violates the terms of service, community guidelines, or any applicable laws. This includes content that is deemed inappropriate, offensive, or harmful to the community.
5. User-generated content may be visible to other users of the app. Users are advised to exercise caution when sharing personal information and be mindful of their privacy settings. Heartspace Health will handle personal information submitted through user-generated content in accordance with its Privacy Policy.
6. Users are encouraged to review and abide by the community guidelines provided by Heartspace Health. These guidelines provide additional information on acceptable behavior, content standards, and community expectations.
7. Heartspace Health does not endorse or take responsibility for the accuracy, completeness, or reliability of user-generated content. Users engage with such content at their own risk..
PRIVACY AND DATA COLLECTION
1. We care about the privacy and security of our user’s data and process data in accordance with the New Zealand Privacy Act 2020 and Australian Privacy Act 1988 and our Privacy Policy available here. By using the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the App is hosted in New Zealand and Australia (the “Region”). You would be required to register an account with us to use the App. To register, we will need some personally identifiable information from you including your full name and email address. Processing of this information will be carried out in line with our privacy policy and extant data protection laws. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Region, then through your continued use of the App, you are transferring your data to the Region, and you expressly consent to have your data transferred to and processed in the Region. Further, we do not knowingly accept, request, or solicit information from minors. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the App as quickly as is reasonably practical.
INTELLECTUAL PROPERTY RIGHTS
1. All content, materials, and features within the App, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other elements (collectively referred to as "App Content") are the exclusive property of Heartspace Health or its licensors. The App Content is protected by copyright, trademark, and other intellectual property laws. Users acknowledge that Heartspace Health retains all rights, title, and interest in and to the App Content. The App Content is provided in or through the Services "AS IS" for your personal, non-commercial use only.
2. Heartspace Health, the Heartspace Health logo, and other Heartspace Health trademarks and service marks are the exclusive property of Heartspace Health. Users agree not to use or display these trademarks without the prior written consent of Heartspace Health. Any third-party trademarks appearing in the app are the property of their respective owners. Heartspace Health does not grant any rights or licenses in these trademarks.
3. Users retain ownership of the intellectual property rights in the user-generated content they create and submit within the Heartspace Health app. By submitting user-generated content, users grant Heartspace Health a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content in connection with the App and promotional activities.
4. We respect the intellectual property rights of others and expect users to do the same. Users are prohibited from infringing on the copyrights of others while using the app. If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, please contact Heartspace Health's designated copyright agent.
5. Users agree not to create derivative works based on the App Content or modify, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the App.
6. These terms do not transfer any intellectual property rights from Heartspace Health to the users or any third party, except for the limited license rights expressly stated in this section.
7. For any questions or concerns regarding intellectual property within the App, please contact us via contact@heartspacehealth.co.nz.
8. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
9. Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately. Termination will not preclude us from pursuing other remedies available to us at law or equity.
YOUR SUBMISSIONS
1. Please review this section and the "Prohibited Activities" section carefully prior to using the App or our Services to understand the (i) rights you give us and (ii) obligations you have when you post or upload any Content through the App.
2. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the App or our Services ("Submissions*), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
3. By sending us Submissions through any part of the App, you:
  1. confirm that you have read and agree with our "Prohibited Activities" section and will not post, send, publish, upload, or transmit through the App any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, false, inaccurate, deceitful, or misleading;
  2. to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  3. warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  4. warrant and represent that your Submissions do not constitute confidential information.
4. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (i) this section, (ii) any third party's intellectual property rights, or (ii) applicable law.
USER REPRESENTATIONS

You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any endeavors except those that are specifically endorsed or approved by us in these Terms. As a user of the App, you agree not to:
PROHIBITED ACTIVITIES
You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any endeavors except those that are specifically endorsed or approved by us in these Terms. As a user of the App, you agree not to:

Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
Use any information obtained from the App in order to harass, abuse, or harm another person;
Make improper use of our support services or submit false reports of abuse or misconduct;
Use the App in a manner inconsistent with any applicable laws or regulations;
Upload is transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;
Engage in any automated use of systems, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Delete the copyright or other proprietary rights notice from any App Content;
Attempt to impersonate another user or person or use the username of another user;
Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you;
Attempt to bypass any measures of the App designed to prevent or restrict access to the Services, or any portion of the Services;
Copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the App comprising or in any way making up a part of the App;
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or use or launch an unauthorized script or other software;
Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Use the App as part of any effort to compete with us or otherwise use the App and/or the App Content for any revenue-generating endeavor or commercial enterprise.

SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (i) monitor the App for violations of these Terms; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
APPLE AND ANDROID DEVICES
The following terms apply when you use the App obtained from either the Apple Store or Google Play Store (each an “App Distributor”) to access the Services:

The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
You represent and warrant that:

you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and;
you are not listed on any US government list of prohibited or restricted parties;
You shall comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and
You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the App. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the App or delete any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you may be prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and Injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. We however have no obligation to update any information on the App. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the App or our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance or upgrades related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Services at any time or for any reason with or without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith
GOVERNING LAW
These Terms shall be governed by and defined following the laws of New Zealand without regard to its conflict of laws provisions and you irrevocably consent that the courts in New Zealand shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating court actions. Such informal negotiations commence upon written notice from one Party to the other Party.
CORRECTIONS
There may be information on the App that contain inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
DISCLAIMERS
1. HEARTSPACE HEALTH PROVIDES INFORMATION AND SERVICES FOR GENERAL WELL-BEING AND STRESS MANAGEMENT PURPOSES. THE CONTENT, FEATURES, AND INFORMATION WITHIN THE APP ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USERS SHOULD CONSULT WITH QUALIFIED HEALTHCARE PROFESSIONALS FOR PERSONALIZED MEDICAL GUIDANCE. USERS ACKNOWLEDGE THAT INDIVIDUAL RESPONSES TO BREATHING EXERCISES AND OTHER FEATURES OF THE APP MAY VARY. THE EFFECTIVENESS OF THE APP'S SERVICES DEPENDS ON VARIOUS FACTORS, INCLUDING BUT NOT LIMITED TO HEALTH CONDITIONS, INDIVIDUAL PHYSIOLOGY, AND CONSISTENCY OF USE. HEARTSPACE HEALTH DOES NOT GUARANTEE SPECIFIC OUTCOMES OR RESULTS. THE APP IS NOT A DIAGNOSTIC TOOL, AND THE APP'S SERVICES ARE NOT INTENDED FOR THE DIAGNOSIS OF MEDICAL CONDITIONS. USERS EXPERIENCING HEALTH CONCERNS OR SYMPTOMS SHOULD SEEK IMMEDIATE MEDICAL ATTENTION AND CONSULT WITH QUALIFIED HEALTHCARE PROFESSIONALS. USERS SHOULD PAY ATTENTION TO THEIR PHYSICAL WELL-BEING DURING BREATHING EXERCISES. IF USERS EXPERIENCE DISCOMFORT, PAIN, DIZZINESS, OR ANY ADVERSE REACTIONS, THEY SHOULD DISCONTINUE USE AND SEEK MEDICAL ADVICE. THE APP RELIES ON TECHNOLOGY TO COLLECT AND ANALYZE HEART RATE DATA. USERS ACKNOWLEDGE THAT TECHNOLOGY HAS INHERENT LIMITATIONS, AND OCCASIONAL INACCURACIES OR DISRUPTIONS MAY OCCUR. HEARTSPACE HEALTH IS NOT LIABLE FOR ANY CONSEQUENCES ARISING FROM SUCH LIMITATIONS. THE APP MAY INTEGRATE WITH THIRD-PARTY HEART RATE MONITORING CHEST STRAP SENSORS. HEARTSPACE HEALTH IS NOT RESPONSIBLE FOR THE FUNCTIONALITY, ACCURACY, OR COMPATIBILITY OF THIRD-PARTY DEVICES. USERS ARE ADVISED TO REFER TO THE DEVICE MANUFACTURER'S GUIDELINES AND ENSURE COMPATIBILITY WITH THE APP. THE APP MAY PROVIDE LINKS OR REFERENCES TO EXTERNAL CONTENT FOR INFORMATIONAL PURPOSES. HEARTSPACE HEALTH DOES NOT ENDORSE OR TAKE RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF EXTERNAL CONTENT. WHILE HEARTSPACE HEALTH TAKES MEASURES TO SECURE USER DATA, THE TRANSMISSION AND STORAGE OF DATA OVER THE INTERNET INHERENTLY INVOLVE RISKS. USERS ARE ADVISED TO REVIEW THE PRIVACY POLICY FOR INFORMATION ON DATA SECURITY PRACTICES. USERS AGREE TO USE HEARTSPACE HEALTH IN ACCORDANCE WITH ITS INTENDED PURPOSE AND GUIDELINES. ANY MISUSE OF THE APP'S SERVICES IS THE USER'S RESPONSIBILITY, AND HEARTSPACE HEALTH RESERVES THE RIGHT TO TAKE APPROPRIATE ACTION.
2. THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE. LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID AS SUBSCRIPTION FEES, IF ANY, BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (i) use of the App; (ii) breach of these Terms; (iii) any breach of your representations and warranties set forth in these Terms; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We may maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Accessing the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the App or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the App. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
CHANGES TO THESE TERMS
1. We reserve the right to modify or update these Terms at any time. Any changes made to these Terms will become effective immediately upon their posting on our App or other communication channels. It is your responsibility to review these Terms periodically for any updates or modifications.
2. If you continue to use the App after any changes to these Terms, it will signify your acceptance of the modified terms. If you do not agree with the updated terms, you may choose to discontinue your use of the App.
3. We may also provide you with notice of any significant changes to these Terms via e-mail or other appropriate means. Such notice will specify the nature of the changes and the effective date. Your continued use of the App following the receipt of such notice constitutes your agreement to the revised terms.
CONTACT US
If you have any questions about this Agreement or need to contact us for any reason, please use the contact information provided in the App or contact us via contact@heartspacehealth.co.nz.

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