Biobeat Terms of Use

Biobeat Terms of Use

Last Updated: April 2026

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Biobeat Technologies Ltd. together with its affiliates (collectively, “Biobeat”, “we” or “us”) provisions various proprietary digital health data monitoring products and solutions, including (i) BB-613 chest monitor sensor and ABPM (collectively, the “Biobeat Products”), as well as (ii) the Biobeat web application and platform which receives, analyzes and processes the data collected and transmitted through the Biobeat Products (“Biobeat Platform” and together with the Biobeat Products, collectively, the “Digital Solutions”) thereby, allowing users to use the Digital Solutions in accordance with the terms, and subject to the conditions set forth in these Terms of Use (the “Terms”).

For purposes of these Terms, a “user” or “you” shall mean any user using one or more of the Digital Solutions, irrespective of whether the user engages directly with Biobeat or through an enterprise client of Biobeat.

Please read these Terms carefully as they govern a user’s use of the Digital Solutions and create a binding contract between the user and Biobeat.
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1. Acceptance of this Agreement, Modification and Severability

BY USING THE DIGITAL SOLUTIONS IN ANY MANNER, THE USER ACKNOWLEDGES THAT (I) HE/SHE HAS READ THESE TERMS AS WELL AS OUR PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), (II) HE/SHE IS ENTERING INTO A LEGALLY BINDING AGREEMENT WITH BIOBEAT, (III) HE/SHE WILL COMPLY WITH, AND BE LEGALLY BOUND BY, THESE TERMS EFFECTIVE AS OF THE FIRST DATE OF SUCH USE (THE “EFFECTIVE DATE”). THE USER HEREBY WAIVES ANY APPLICABLE RIGHTS TO REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW. IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER MAY NOT USE ANY OF THE DIGITAL SOLUTIONS, WHETHER IN WHOLE OR IN PART.

We may make changes to these Terms from time to time. If we makes changes, we will provide users with notice of such changes, such as by sending an email to registered users or by providing a notice on this web page (i.e., and updating the date at the top of these Terms). Unless BioBeat says otherwise in its notice, the amended Terms will be effective immediately and a user’s continued use of the Digital Solutions after BioBeat provides such notice will confirm and constitute the user’s acceptance of the changes. If a user does not agree to the amended Terms, he/she must immediately stop accessing and using the Digital Solutions.

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that provision shell be deemed severable and shall not affect the validity and enforceability of any remaining Terms.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION AGREEMENT” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND BIOBEAT. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BIOBEAT THAT IN ANY WAY RELATE TO THESE TERMS OF USE OR YOUR USE OF OUR DIGITAL SOLUTIONS WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.

2. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER PROVISION ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BIOBEAT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IT FURTHER PROVIDES THAT YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION. THIS SECTION OF THE TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

We will try work in good faith to resolve any issue you have with our Sites including products and services ordered or purchased through our Sites, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Biobeat agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of our Site, including products and services ordered or purchased through our Site and/or any third parties embedded therein, and including but not limited to any dispute, claim, or controversy that arose prior to the effective date of the Terms of Use, shall be determined by binding arbitration rather than court, except that you or we may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on a non-class, non-representative basis.

Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators may award the same damages and relief that a court is able to award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.

By agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Biobeat are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Biobeat.

If you desire to assert a claim against Biobeat, and you therefore elect to seek arbitration, you must first send to Biobeat, by e-mail, a notice of your claim (“Notice”). The Notice to Biobeat should be addressed to: legal@bio-beat.com (“Notice Address”) and should state in the “subject line” of the e-mail “LEGAL NOTICE” in all capital letters. If Biobeat desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Biobeat, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). To accelerate resolution and reduce the cost of any Demand between us, you and we agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Demand prior to either party initiating a lawsuit or arbitration (“Initial Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference, as will we. The Initial Dispute Resolution Conference shall occur within 60 days after the other party receives a Notice, unless an extension is mutually agreed upon by the parties. The Initial Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party sends a Notice, even if the same law firm or group of law firms represents multiple users in similar cases; unless all parties agree, multiple individuals initiating a Demand cannot participate in the same Initial Dispute Resolution Conference. The completion of the Initial Dispute Resolution Conference is a mandatory pre-condition to either party initiating an arbitration or lawsuit against the other. If either party fails to participate in the Initial Dispute Resolution Conference prior to initiating an arbitration or lawsuit, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. The statute of limitations and all filing fee deadlines shall be tolled while the parties engage in the Initial Dispute Resolution Conference process required by this paragraph.

If Biobeat and you do not reach an agreement to resolve the claim within 60 days after the Notice is received and after the completion of the Initial Dispute Resolution Conference, you or Biobeat may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Biobeat or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. The arbitrator shall decide all disputes arising out of or relating to the interpretation or application of this Agreement to Arbitrate. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Unless Biobeat and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address, and may occur by videoconference at either party’s election. If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less, the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, unless the total damages awarded are less than the amount of a settlement offered by us prior to the initiation of the arbitration. The arbitrator may also award us our attorney fees, expert witness fees and costs if it is determined that your claim was brought in bad faith, for purposes of harassment, or is patently frivolous.

If multiple individual arbitration proceedings are consolidated pursuant to this Agreement to Arbitrate, AAA and the arbitrator shall treat the consolidated proceedings as one arbitration for purposes of assessing AAA fees and the arbitrator’s compensation, and you consent and agree not to object to any reduction or elimination of AAA fees or arbitrator compensation.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action, and the parties expressly waive their right to file a class action or seek relief on a class basis, whether in arbitration or in court.

Although the parties have agreed that no disputes may proceed as part of a class arbitration, you and we agree that the AAA may consolidate an individual arbitration filed under this Agreement with other individual arbitration(s), at the request of any party, if the arbitrations share any common issues of law or fact. The consolidation issue shall be determined by the arbitrator appointed for the earliest filed arbitration. Any disputes over whether an arbitration claim should be consolidated with others, or which arbitrator shall hear any consolidated matter, shall be resolved by the AAA.

If any court or arbitrator determines that the class action and class arbitration waiver set forth in this Agreement to Arbitrate is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for the State of Delaware.

3. No Professional / Medical Advice

Any information supplied through any of our web properties, via any of our Digital Solutions, or by any of our employees or agents (whether by telephone, e-mail, letter or other form of communication), is for informational purposes or general guidance only and does not constitute medical or other professional advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites, or by anyone who may be informed of any of its contents.Health-related information provided through  any of the foregoing channels is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. We do not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through our web properties and/or our Digital Solutions.

Without limiting the generality of the foregoing, the Digital Solutions are not intended to diagnose, treat, monitor, cure, or prevent any disease, and are not intended to match or replace (a) the required consultation and/or judgment of a licensed physician in making medical decisions; (b) any services or information produced by medical or scientific diagnostic measurement devices; or (c) any monitoring by the user of the consumption of medication or of any other medical treatment. Except as expressly stated under this Section, Biobeat makes no representation or warranty regarding any parameters, data or information monitored, collected and/or displayed through any of the Digital Solutions, and Customer acknowledges that that Biobeat disclaims any warranty resulting from: (i) (a) cellular, internet and/or Bluetooth interruptions; (b) use of any Digital Product for a period in excess of the period allowed under the Documentation; (c) use of a Patch on more than a single user; or (d) failure to use, maintain, upkeep and clean the Biobeat Products as expressly directed in the Documentation.

4. Privacy
   The Digital Solutions collects and transmits data to Biobeat. Any information that Biobeat collects in connection with use of the Digital Solutions, shall be subject to these Terms as well as Biobeats Privacy Policy. Each user’s use of the Digital Solutions shall constitute his/her express consent under applicable law for Biobeat’s collection and use of the information submitted by such user via the Digital Solutions pursuant to these Terms as well as those under the Privacy Policy.

Biobeat reserves the right to collect and use any aggregated and anonymous data that is gathered via the use of Digital Solutions in order to improve and further enhance the Digital Solutions and to facilitate the provisioning of updates, product support and other services related to the Digital Solutions.

5. Customer’s Obligations; Permitted and Prohibited Uses
   Amongst the other requirements set forth in these Terms, users are required to comply in all respects with the instructions related to their use of Digital Solutions, as specified in the accompanying documentation (for instance, without limitation, any instructions document, user manual or guide) supplied along with the Biobeat Products (collectively, the “Documentation”). Each user shall be solely responsible for the consequences of its failure to comply with the requirements contained within the Documentation.

Regardless of whether a user engaged with Biobeat directly or through an enterprise client, such user is hereby granted directly by Biobeat a limited revocable, non-exclusive, non-transferable, non-sublicensable right and license, to access and use the applicable Biobeat Product. This license is provided solely for the user’s personal use, and does not allow for any use that is not expressly permitted under these Terms and/or under the Documentation supplied with each Biobeat Product.

Notwithstanding anything to the contrary herein, a user may not perform, attempt to perform, or encourage or assist others in performing any of the following:

 

(i) connecting to or accessing Digital Solutions other than through the actual Biobeat-supplied devices, a Biobeat app or the Biobeat web properties (including without limitation, use of any device that is not manufactured, distributed or sold by or on behalf of Biobeat, including any knock off or counterfeit versions, which are expressly prohibited),

 

(ii) accessing or tampering with restricted and non-public areas of the Digital Solutions,

 

(iii) testing the vulnerability of any Biobeat Product or system, breaching any security or authentication measures, or circumventing any technological measure implemented by Biobeat or any of its providers to protect the Digital Solutions,

 

(iv) decompiling, disassembling, reverse engineering, tampering with, or attempting to derive the source code of any portion of the Digital Solutions,

 

(v) copying, adapting, modifying, or preparing derivative works based upon any of the Biobeat web properties or the Digital Solutions,

(vi) use any robot, spider, scraper or other automated means to access the Digital Solutions;

 

(vii) use any data mining, data gathering or extraction method;

 

(viii) insert any code or product or manipulate the content of the Digital Solutions in any manner;

 

(ix) engage in any of the foregoing in connection with the use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any machine learning tool, model, system, algorithm, product or other technology; and/or

 

(x) distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting or otherwise exploiting the Digital Solutions in a manner not explicitly permitted herein or otherwise expressly approved in advance and in writing by Biobeat.
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6. User Account

During your use of our Digital Solutions, you may be required to create an account or have an account created for you (in either case, an “Account”), and by doing so you agree to provide accurate and complete information as required by the relevant website registration page (the “Account Information”), and to keep the Account Information current, accurate and complete. We may offer different options to create an Account, including:

1. Online Registration Form: You may choose to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account.
2. Third Party Accounts: We may also provide you the ability to register or otherwise link to, or integrate with certain social media, such as Facebook, Google, etc. Please note that in any instance with which you provide us with your login credential for such platforms, we will have access to all information related to such account(s) – as permitted by the policies of such platforms and your then current privacy settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access and use that we may have, in accordance with our Privacy Policy. If you have any questions or concerns about such access, then we suggest you review the applicable social media platform’s policies and your privacy settings prior to providing us with any such information.

You agree not to create an Account for anyone else or use the Account of another without their express permission. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account.

If you wish to delete your Account you may send an email request to us at service@biobeat.com. If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right to suspend or terminate your Account and refuse your use of the Digital Solutions, whether in whole or in part.

7. Biobeat’s Rights
   As between Biobeat and its users, Biobeat retains all rights, title and interest, including all design rights, patents, copyrights, trade secrets, trademarks, and any other intellectual property rights (whether or not registerable) (collectively “Intellectual Property Rights”) in and to the Digital Solutions and web properties (and including any improvements, updates, upgrades, error-corrections or other modifications thereto, and any derivative work based thereon, regardless of their creator, which for all purposes hereunder are considered part of the Digital Solutions to which they relate). It is further clarified that no source code or license to use source code is provided hereunder. Except for the rights expressly granted to the Customer hereunder, these Terms do not grant the Customer any rights or licenses by implication or otherwise with respect to any of Biobeat’s intellectual property.
   Without derogating from the above, as between each user and Biobeat, Biobeat shall be the sole and exclusive owner of all rights to any ideas, inventions and/or improvements (whether protectable by any intellectual property protection or not) conceived or derived or resulting from feedback provided by the user with respect to the Digital Solutions or otherwise embodied therein (“Feedback”). Each user hereby irrevocably assigns to Biobeat any rights that he/she may have in such Feedback, and to the extent such rights may not be assigned, the user hereby provides Biobeat a royalty free, perpetual, worldwide, exclusive, irrevocable license to use such Feedback for any purpose, including commercial purposes.
8. Suspension & Termination
   Users may discontinue using the Digital Solutions at any time in their sole discretion, and upon doing so these Terms shall terminate.

Biobeat may also suspend and/or terminate a user’s use of the Digital Solutions if Biobeat determines, in its sole discretion, that a user has terminated these Terms or is threatening to terminate these Terms.  In the case of a user who has been supplied the Digital Solutions by an enterprise client of Biobeat, Biobeat will undertake to notify such client concurrent with the suspension or termination of the user’s right to use the Digital Solutions.  Upon any termination of these Terms by Biobeat, the applicable User shall immediately cease its use of the Digital Solutions.

Upon any termination of these Terms and your cessation from using the Digital Solutions, the following provisions hereunder shall survive: 2, 3, 4, 7, 8, 10, 11, 15, 16 and 17.

9. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our web properties. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent at legal@bio-beat.com.

10. Warranty
    Biobeat warrants that the Digital Products will materially operate in conformance with the product descriptions contained within the Documentation, and the only recourse a user shall have for breach of warranty shall be the replacement of the defective Digital Product with a substitute product.

Without limiting the generality of the foregoing, it is further acknowledged and agreed that the warranty set forth in this Section 11 shall not apply in the event the Digital Solution(s): (i) has been used other than in strict compliance with the applicable Documentation or these Terms,  (ii) has been modified or altered in any manner by anyone other than Biobeat’s personnel or a third party approved in advance by Biobeat, (iii) contains defects caused through no fault of Biobeat or any Biobeat-authorized third parties following delivery of the Digital Solution(s), or (iv) has been misused or neglected by the user seeking to enforce the warranty.

Customer hereby acknowledges that the representations and warranties extended in respect of the Digital Solutions are limited to those indications for which the Digital Solutions has obtained valid approvals from the applicable regulatory bodies in the territory (e.g., Food and Drug Administration in the U.S.) in which the applicable Digital Solutions is being so used.

EXCEPT AS SPECIFICALLY AND EXPRESSLY SPECIFIED IN THESE TERMS, THE DIGITAL SOLUTIONS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND AND ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. BIOBEAT FURTHER DISCLAIMS ANY WARRANTY THAT THE DIGITAL SOLUTIONS (OR ANY COMPONENT THEREOF) WILL MEET A USER’S CURRENT OR FUTURE REQUIREMENTS OR THAT THE OPERATION OF THE DIGITAL SOLUTIONS WILL BE UNINTERRUPTED, FREE FROM ANY FAILURE, DAMAGE, BREAK OR OTHER IMPAIRMENT OR MALFUNCTION.  BIOBEAT DOES NOT GUARANTEE THAT SPECIFIC RESULTS WILL BE ACHIEVED BY USING THE DIGITAL SOLUTIONS OR THAT ANY INFORMATION PROVIDED BY THE DIGITAL SOLUTIONS SHALL BE ACCURATE.

YOU ACKNOWLEDGE THAT BIOBEAT USES THE INFRASTRUCTURE (SUCH AS CLOUD SERVERS AND FACILITIES) AND RELATED SERVICES OF THIRD-PARTY HOSTING PROVIDERS, SUCH AS AWS AND OTHERS TO STORE THE INFORMATION PROVIDED BY USERS OF THE DIGITAL SOLUTIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, BIOBEAT CANNOT ENFORCE THESE TERMS ON ANY SUCH PROVIDERS, AND SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO PARTS OF THE DIGITAL SOLUTIONS THAT UTILIZE SUCH THIRD-PARTY SERVICES (SUCH AS THE HOSTING COMPONENT OF THE DIGITAL SOLUTIONS).

11. Liability Limitation
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BIOBEAT NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES (COLLECTIVELY, THE “BIOBEAT PARTIES”) NOR ANY OTHER PARTY INVOLVED IN DEVELOPING, MANUFACTURING OR SUPPORTING THE DIGITAL SOLUTIONS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, REPUTATION, REVENUES, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF THE BIOBEAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER THESE TERMS OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, OR OUT OF YOUR USE OF, OR INABILITY TO USE, ANY OF THE DIGITAL SOLUTIONS, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES.

EXCEPT FOR BIOBEAT’S FRAUD OR WILLFUL MISCONDUCT, AND SOLELY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE BIOBEAT PARTIES IN CONNECTION WITH THE DIGITAL SOLUTIONS OR OTHERWISE, FOR ALL CLAIMS IN THE AGGREGATE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU AND/OR YOUR CORRESPONDING DISTRIBUTOR FOR USE OF THE DIGITAL SOLUTIONS DURING THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM MADE HEREUNDER.

THE AFOREMENTIONED SHALL APPLY REGARDLESS OF WHETHER CLAIMS ARE BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIOBEAT AND THE CUSTOMER. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

12. Other Rights

We reserve the right to monitor our Digital Services as well as our web properties in any manner we choose that complies with applicable law, and we may at our sole discretion use and/or disclose any data or communication of any kind which complies with applicable law.

We may also terminate or suspend your account and your accessibility to all or part of the Digital Solutions, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.

13. Communication
    Should users have any questions regarding these Terms, or wish to report a violation of these Terms or abuse of the Digital Solutions, or to receive assistance from Biobeat, users may contact us at: info@bio-beat.com.
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    14. Alerts and Notifications
    Users may receive notifications, text messages, alerts, or e-mails regarding their use of the Digital Solutions. Users hereby agree to the receipt of such communications, and users alone shall be responsible for any messaging or data fees they may be charged by their wireless carriers.
14. Force Majeure
    A party shall not be liable for any delay in performance or nonperformance hereunder (other than a payment obligation), if such performance is rendered impracticable by the occurrence of any contingency or condition beyond its reasonable control, including failures related to cellular, cloud, internet or Bluetooth connection of third party devices or providers, war (or acts of war or hostility, whether declared or undeclared), sabotage, embargo, acts of terrorism, riot or other civil commotion, failure or delay in transportation, act of any government or any court or administrative agency thereof, labor dispute or strike, accident, acts of God, fire, explosion, flood, earthquake, pandemic, or other casualty.
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    16. Notice of California Residents

If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website you may contact us at _______________________ or by telephone at _______________ or email at service@bio-beat.com. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.

17. General Terms
    The headings used in these Terms are for convenience of reference only and shall not affect the interpretation or meaning of the terms and provisions of these Terms. In these Terms, the word “including” shall mean “Including without limitation”.

No modification to these Terms will be effective unless agreed to in writing by Biobeat. A failure by Biobeat to partially or fully exercise any rights or the waiver of any default of any provision of these Terms by the Customer shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by the Customer of the same or any other term of these Terms. Unless expressly provided otherwise herein, all remedies hereunder are cumulative and do not exclude any other remedies available by law.

If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.

These Terms do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. These Terms are not intended to, and shall not, be construed to give any third party any interest or rights (including any third party beneficiary rights) with respect to, or in connection with, any agreement or provision contained herein or contemplated hereby. We may assign these Terms in whole or in part at any time without notice. Users may not assign their rights under these Terms, in whole or in part, to any third party without our prior written consent, and any attempt to do so shall be null and void.
Unless a specific agreement is signed by and between a user of the Digital Solutions and us, these Terms constitute the entire and only agreement between the parties, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof.