DEVICES ARE USED IN A MANNER WHICH IS NOT COMPLIANT
WITH THESE TERMS, THE DOCUMENTATION, AND/OR ANY
OTHER APPLICABLE TERMS.
While Biobeat aims to provide information, which is accurate
and complete through the Biobeat Services, Biobeat, makes
no warranty regarding the accuracy and completeness of any
statistics, parameters, data or information monitored, collected
and/or displayed through any of the Biobeat Services, unless with
respect to a specific indication for which Biobeat holds a valid
approval to be used with respect to, from the applicable regulatory
authorities in the territory in which the applicable Biobeat Device
is being so used by the User (“
Biobeat Stats
”). While certain
components of the Biobeat Services are compliant with various
international standards and regulations, the Biobeat Services,
and the Biobeat Stats in particular, are not intended to diagnose,
treat, monitor, cure, or prevent any disease, and are not intended
to match or replace (a) any services or information produced by
medical or scientific measurement devices )except with respect to
a specific indication for which Biobeat holds a valid approval to be
used with respect to, from the applicable regulatory authorities in
the territory in which the applicable Biobeat Device is being so
used by the User) (b) any monitoring by the User of consumption
of medication or of any other medical treatment, and (c) any
checkups, services or treatments by physicians and other medical
care professionals. Additionally, Biobeat makes no warranty that
Biobeat Devices and/or the Biobeat Services will meet the User’s
requirements and/or any medical or regulatory standards or be
available on an uninterrupted, secure, or error-free basis. The
User acknowledges and agrees that if it relies on any Biobeat
Services, including without limitation the Watch, Biobeat Stats,
the User do so solely at its own risk.
Without derogating from the aforementioned, the User
acknowledges that Biobeat Devices may be impaired, or produce
or transmit inaccurate or incorrect information due to any use
which is not in full compliance with the Documentation, including
without limitation (a) failure to provide the required personal
details through Biobeat's Application or input by the User of
incorrect personal details; (b) use of the Watch when it is not
fully charged; (c) cellular, internet and/or Bluetooth interruptions;
(d) use with respect to applicable patients belonging to certain
populations (such as populations of certain age groups) with
which the Biobeat Services do not optimally function (as set
forth under the Documentation); (e) failure to place and initialize
Biobeat Devices in accordance with the instructions set forth
under the Documentation; (f) use of any Biobeat Devices for any
period in excess of the period allowed under the Documentation;
(g) cleaning or upkeep of Biobeat Devices, in any manner which is
not fully compliant with the Documentation.
6. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER
