The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person using this app and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the Netherlands.

Unless otherwise stated, Heart Rate Monitor and/or its licensors own the intellectual property rights for all material on our app. All intellectual property rights are reserved. You may access this from our product for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from our product
• Sell, rent or sub-license material from our product
• Reproduce, duplicate or copy material from our product
• Redistribute content from our product

Parts of this app may offer an opportunity for users to post and exchange opinions and information. Heart Rate Monitor does not filter, edit, publish or review Comments prior to their presence on the app. Comments do not reflect the views and opinions of Heart Rate Monitor, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Heart Rate Monitor shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this app. Heart Rate Monitor reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our App and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Heart Rate Monitor a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

The following organizations may link to our App without prior written approval:

• Government agencies
• Search engines
• News organizations
• Online directory distributors may link to our App in the same manner as they hyperlink to the websites of other listed businesses
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources
• Dot.com community sites
• Associations or other groups representing charities
• Online directory distributors
• Internet portals
• Accounting, law, and consulting firms
• Educational institutions and trade associations

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Heart Rate Monitor; and (d) the link is in the context of general resource information.

These organizations may link to our App so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our App, you must inform us by sending an e-mail to us. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our App, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our App as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our App being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Heart Rate Monitor's logo or other artwork will be allowed for linking absent a trademark license agreement.

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our App.

We shall not be held responsible for any content that appears on your App. You agree to protect and defend us against all claims that arise on our App. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Please read our Privacy Policy.

We reserve the right to request that you remove all links or any particular link to our App. You approve to immediately remove all links to our App upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our App, you agree to be bound to and follow these linking terms and conditions.

If you find any link on our App that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our App and the use of this app. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;
• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• Limit any of our or your liabilities in any way that is not permitted under applicable law; or
• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the app and the information and services on the app are provided free of charge, we will not be liable for any loss or damage of any nature.

If you have any questions about these Terms, please contact us at [email protected].