Terms of Service
The website and application (the “Site”) belongs to Sky Labs Inc. (“Sky Labs“, “we” or “us”). As provided below, Sky Labs grants you the right to use the Site, our software applications, including without limitation CART (collectively “Software,” or “App”), and services provided through the Site or Software (together, the “Sky Labs Service”), subject to the terms and conditions of use (“Terms of Service” or “Terms”) set forth below. The term “you” refers to the person visiting the Site.
THE Sky Labs SERVICE IS AVAILABLE TO CART USERS IN THE SOUTH KOREA AND EUROPE. THE Sky Labs SERVICE IS INTENDED ONLY TO RECORD, DISPLAY, STORE, AND TRANSMIT ECG DATA and PPG DATA. YOU, AS THE USER OF THE Sky Labs SERVICE, ARE RESPONSIBLE FOR THE ECG DATA and PPG DATA RECORDED AND STORED BY THE Sky Labs SERVICE. THE Sky Labs SERVICE IS NOT INTENDED TO DIAGNOSE ANY HEART CONDITION OR AUTOMATICALLY ALERT HEALTHCARE PROFESSIONALS OR PATIENTS TO POTENTIALLY SERIOUS HEART OR CARDIOVASCULAR CONDITIONS OR ABNORMAL ARRHYTHMIAS. WE DO NOT GUARANTEE A RESPONSE BY ANY PHYSICIAN(S) TO MESSAGES POSTED OR MEDICAL EVENTS REPORTED THROUGH THE Sky Labs SERVICE. ALTHOUGH Sky Labs MAY ENABLE YOU TO CONNECT YOUR ACCOUNT TO YOUR HEALTHCARE PROVIDER, Sky Labs DOES NOT AUTOMATICALLY REVIEW, MONITOR, EVALUATE, OR ANALYZE ANY INFORMATION GENERATED FROM THE Sky Labs SERVICE. IT IS YOUR RESPONSIBILITY TO PRESENT YOUR MEDICAL DATA TO YOUR PHYSICIAN FOR PROPER ANALYSIS AND DIAGNOSIS.
Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution, these Terms provide that all disputes between you and Sky Labs will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, 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. Please review Section 24 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Sky Labs.
Use of the Sky Labs Service. The Sky Labs Service is intended only to allow you to upload, view, share data with your healthcare professional, and use certain data pertaining to you as made available by the Sky Labs Service. You may not access or use the Service for any other purpose. You may use the Sky Labs Service, including any data presented to you on or by the Sky Labs Service, or otherwise hosted or stored by Sky Labs for you, only for lawful and appropriate purposes on your own behalf, and subject to your full compliance with these Terms and any other guidelines and policies applicable to the Sky Labs Service which Sky Labs may post from time to time.
Eligibility. You must be at least 18 years of age to use the Sky Labs Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Sky Labs Service; and (c) your registration and your use of the Sky Labs Service is in compliance with all applicable laws and regulations in your local jurisdiction. If you are using the Sky Labs Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Accounts and Registration. To access most features of the Sky Labs Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself including personal information such as your Email, location, name, sex, date of birth, height, weight. You may choose to provide additional information to us. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
License. Sky Labs owns and operates the Sky Labs Service. The documents and other information and content available on the Sky Labs Service (the “Site Content“) are protected by copyright and other intellectual property laws throughout the world. All copyright and other proprietary notices on any Site Content must be retained on any copies made thereof. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. Sky Labs and its suppliers reserve all rights not granted in these Terms.
Subject to the restrictions set forth in these Terms, Sky Labs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that you own or control, solely for use with the Sky Labs Services. By downloading or using our app(s), you:
A. Acknowledge that the App is licensed, not sold to you; and
B. Acknowledge that third party terms and fees may apply to the use and operation of your device in connection with your use of the App, such as your carrier’s terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
User Representations and Warranties.
A. CART users represent, warrant, and covenant to Sky Labs that you are a resident of the EU, UK or South Korea.
B. All users represent, warrant and covenant to Sky Labs that (1) these Terms have been executed and delivered by you and constitute a valid and binding agreement with you, enforceable against you in accordance with their terms; (2) if you are using the Sky Labs Service on behalf of another entity, you are an authorized representative of the entity and have the authority and agree to bind the entity to these Terms; (3) you will not access or use the Sky Labs Service except as expressly permitted by these Terms and any additional instructions, guidelines or policies issued by Sky Labs, including those posted in the Sky Labs Service; (4) you will access and use the Sky Labs Service in full compliance with applicable law; and (5) all of the information, data and other materials provided by you in support of your account registration are accurate and truthful in all respects.
A. User Content Generally. Certain features of the Sky Labs Service may permit you, your healthcare provider, or other users to upload content to the Sky Labs Service, including messages, images, data, text, location information, and other types of information (“User Content”) and to publish User Content on the Sky Labs Service. You retain the copyrights, including any moral rights, and any other proprietary rights that you may hold in the User Content that you post to the Sky Labs Service; provided that if you choose to link your account to CART service or information systems offered by your healthcare provider, any data provided to your healthcare provider may become part of your health record, and that copy of such data may be owned and/or controlled by your healthcare provider under applicable law.
C. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Sky Labs Service, or connecting your account to your healthcare provider through CART service, you grant those users and/or healthcare providers a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Sky Labs Service.
D. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Sky Labs and users of the Sky Labs Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Sky Labs, the Sky Labs Service, and these Terms; and
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Sky Labs to violate any law or regulation.
You agree to pay for any and all royalties, fees, or other monies owing any person by reason of User Content you post on or through the Sky Labs Service.
i. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Sky Labs may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Sky Labs Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Sky Labs with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
ii. Procedure for Unlawful User Content
If you believe that any User Content does not conform to these Terms, please notify us.
If you have an intellectual property rights-related complaint about material posted on the Sky Labs Service, you may contact at firstname.lastname@example.org
Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that User Consent is infringing, you may be subject to civil or criminal penalty.
Prohibited Conduct. BY USING THE SKY LABS SERVICE YOU AGREE NOT TO:
A. use or access the Sky Labs Service (a) from a jurisdiction where such use or access is not authorized, (b) for any illegal purpose, or (c) in violation of any local, state, national, or international law;
B. conduct activities that may be harmful to others or that could damage Sky Labs’s reputation;
C. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or disclosing personal information about another person;
D. post, upload, or distribute marketing or advertising links or content, or any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
E. use scrapers, robots, or other data gathering devices on or through the Sky Labs Service, or frame or otherwise provide the Sky Labs Service to third parties without Sky Labs’s permission;
F. interfere with security-related features of the Sky Labs Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
G. interfere with the operation of the Sky Labs Service or any user’s enjoyment of the Sky Labs Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Sky Labs Service; (c) attempting to collect personal information, including without limitation ECG data or other health information, about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Sky Labs Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
H. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Sky Labs Service or account without permission, or falsifying your account registration information;
I. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Sky Labs Service or part thereof, or use, copy or reproduce the Sky Labs Service or any part thereof other than as expressly permitted in these Terms;
J. assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; or
K. attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging in any of the acts described in this Section 8.
Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by following the procedures detailed on the Sky Labs website or contacting customer service at email@example.com. If you violate any provision of these Terms, your permission from us to use the Sky Labs Service will terminate automatically. In addition, Sky Labs may in its sole discretion terminate your user account on the Sky Labs Service or suspend or terminate your access to the Sky Labs Service at any time if you violate any provision of these Terms, if we no longer provide any part of the Sky Labs Services or for any other reason, with or without notice. We also reserve the right to modify or discontinue the Sky Labs Service at any time (including by limiting or discontinuing certain features of the Sky Labs Service), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability on account of any change to the Sky Labs Service or any suspension or termination of your access to or use of the Sky Labs Service. Upon the termination of your account or this agreement for any reason, Sky Labs may at its option delete any data associated with your account.
B. Additional Terms. Your use of the Sky Labs Service is subject to all additional terms, policies, rules, or guidelines applicable to the Sky Labs Service or certain features of the Sky Labs Service that we may post on or link to from the Sky Labs Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Sky Labs Service, subject to Section 11. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Modifications to these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations (“Material Modifications”), we will notify you of the modified Terms by email to the address you provided in your user profile. Material Modifications will be effective upon your acceptance of such modified. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy if you do not agree with any modification to these Terms is to cancel your account. You may not amend or modify these Terms under any circumstances.
Ownership; Proprietary Rights. The Sky Labs Service is owned and operated by Sky Labs. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sky Labs Service (“Materials”) provided by Sky Labs are protected by intellectual property and other laws. All Materials included in the Sky Labs Service are the property of Sky Labs or our third-party licensors. Except as expressly authorized by Sky Labs, you may not make use of the Materials. Sky Labs reserves all rights to the Materials not granted expressly in these Terms.
Subcontractors. You hereby consent to Sky Labs’s engagement of third parties (including Sky Labs’s affiliates) to perform, or support the performance of, all or any portion of the Sky Labs Service or the Sky Labs website, such as the clinical interpretation service.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Sky Labs Service (“Feedback”), then you hereby grant Sky Labs an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Sky Labs Service and create other products and services.
Indemnity. To the fullest extent permitted under applicable law, you are responsible for your use of the Sky Labs Service, and you will indemnify, hold harmless, and, if so directed by Sky Labs, defend Sky Labs and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Sky Labs Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Sky Labs Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimers; No Warranties
THE SKY LABS SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SKY LABS SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SKY LABS ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SKY LABS SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SKY LABS SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE SKY LABS SERVICE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE ECG DATA OR PPG DATA OR OTHER INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SKY LABS SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SKY LABS IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SKY LABS SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. THE SKY LABS ENTITIES DO NOT WARRANT THAT THE SKY LABS SERVICE OR ANY PORTION OF THE SKY LABS SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SKY LABS SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SKY LABS SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SKY LABS SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SKY LABS ENTITIES OR THE SKY LABS SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SKY LABS SERVICE, YOUR DEALING WITH ANY OTHER SKY LABS SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SKY LABS SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SKY LABS SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SKY LABS SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SKY LABS SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SKY LABS SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO CONSUMERS IN THE EU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
17. Limitation of Liability
IN NO EVENT WILL THE SKY LABS ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SKY LABS SERVICE OR ANY MATERIALS OR CONTENT ON THE SKY LABS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SKY LABS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES.
EXCEPT AS PROVIDED IN SECTION 241.E, IF SKY LABS CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF THE SKY LABS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SKY LABS SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO USE THE SKY LABS SERVICE OR $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Force Majeure.
Sky Labs will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. To the fullest extent permitted under applicable law, for purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (5) telecommunications, network, computer, server or Internet downtime; (6) unauthorized access to Sky Labs’s information technology systems by third parties; or (7) other causes beyond the reasonable control of Sky Labs.
20. Notices; Consent to Electronic Communications.
21. Contact Information.
The Sky Labs Service is offered by Sky Labs, Inc. You may contact us by emailing us at firstname.lastname@example.org.