Version September 2023
THE AFIBLIFE™ APP IS OWNED BY ABBOTT LABORATORIES (“ABBOTT,” “WE,” “OUR,” OR “US”) OF 100 ABBOTT PARK ROAD, ABBOTT PARK, ILLINOIS 60064. PLEASE READ THIS END USER LICENSE AGREEMENT & TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE ACCEPTING IT AND/OR INSTALLING THE APPLICATION. REFERENCES IN THIS AGREEMENT TO THE “APP” MEAN THE AFIBLIFE™ APPLICATION ACCESSIBLE VIA MOBILE DEVICES (ALSO REFERRED TO HEREIN AS “APPLICATION”), ALL RELATED MATERIALS, DOCUMENTATION, PROCESSES, LEARNINGS, MODELS, ALGORITHMS, SOFTWARE, SYSTEMS, AND TECHNOLOGIES, INCLUDING, WITHOUT LIMITATION, ALL RELATED DATA MANAGEMENT SYSTEMS, AND ALL IMPROVEMENTS, UPDATES, MODIFICATIONS, ENHANCEMENTS, AND DERIVATIVES OF OR TO ANY OF THE FOREGOING.
THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND ABBOTT (EACH A “PARTY,” AND COLLECTIVELY THE “PARTIES”). YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCEPT THE TERMS IN THIS AGREEMENT AND PURCHASE ANY SUBSCRIPTIONS WITHIN THIS APP. THIS AGREEMENT COVERS:
PLEASE NOTE THAT THIS AGREEMENT CONTAINS INDEMNIFICATION, GOVERNING LAW, DISPUTE RESOLUTION, ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SECTIONS THAT AFFECT YOUR RIGHTS, INCLUDING YOUR ABILITY TO BRING LEGAL CLAIMS AGAINST US.
BY DOWNLOADING, INSTALLING, ACCESSING, USING THE AFIBLIFE™ APP, OR CLICKING "I ACCEPT" YOU AFFIRM THAT YOU:
IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, DO NOT CLICK “I ACCEPT” AND DO NOT DOWNLOAD OR USE THE AFIBLIFE™ APP. WE MAY, IN OUR SOLE DISCRETION, REVISE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME, WITH THE NEW TERMS TAKING EFFECT ON THE DATE OF POSTING, SUBJECT TO SECTION 18.
THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE AFIBLIFE™ APP ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION, BEFORE MAKING HEALTH CARE DECISIONS.
THE AFIBLIFE™ APP MAY CONTAIN LINKS TO OTHER INDEPENDENT WEBSITES, WHICH ARE NOT PROVIDED BY US. SUCH INDEPENDENT SITES ARE NOT UNDER OUR CONTROL, AND WE ARE NOT RESPONSIBLE FOR AND HAVE NOT VERIFIED OR APPROVED THEIR CONTENT OR PRIVACY POLICIES (IF ANY). YOU WILL NEED TO MAKE YOUR OWN INDEPENDENT JUDGEMENT ABOUT WHETHER TO ACCESS OR USE ANY INDEPENDENT SITES, INCLUDING WHETHER TO BUY ANY PRODUCTS OR SERVICES BY THEM.
YOUR USE OF THE AFIBLIFE™ APP IS ALSO SUBJECT TO THE ABBOTT PRIVACY NOTICE AVAILABLE THROUGH THE AFIBLIFE™ APP, WHICH EXPLAINS HOW ABBOTT HANDLES YOUR PERSONAL INFORMATION, INCLUDING ANY HEALTH-RELATED INFORMATION THAT YOU INPUT THROUGH USE OF THE AFIBLIFE™ APP, AND ANY OTHER TERMS AND CONDITIONS PRESENTED TO YOU.
Abbott provides the App to facilitate user education on atrial fibrillation. The App provides access to educational resources and assists users in tracking their experiences with atrial fibrillation. Patients can track atrial fibrillation experiences through journaling, logging, and setting reminders to take medication(s), and/or use the CHA2DS2-VASC Calculator for atrial fibrillation stroke risk, and/or take the Atrial Fibrillation Effect on Quality-of-life (AFEQT) Questionnaire at regular intervals (access to the AFEQT questionnaire is subject to an annual subscription fee). Users may also enable the App to display certain data from AppleHealth Kit, including atrial fibrillation events, ECGs, and other information relating to their general health and physical activity, subject to providing their consent (if legally required). The AFEQT questionnaire helps users understand the impact of atrial fibrillation on the user’s quality of life. The AFEQT questionnaire generally addresses the user’s symptoms, daily activities, treatment concerns, and treatment satisfaction. The App allows users to email their AFEQT questionnaire responses and scores to their clinicians. The AFEQT questionnaire is accessible in the App for an annual subscription fee. For details, see Subscriptions (Section 7) and Subscription Cancellation (Section 9), below.
You acknowledge and agree that Abbott, its affiliates, its suppliers, and its licensors own or license all legal right, title, and interest in and to all aspects of the AFibLife™ App, the Documentation, including but not limited to text, graphics, designs, layout, user interface, the scripts and software used to implement the AFibLife™ App, including all Intellectual Property Rights that exist therein. For the purposes of this Agreement, “Intellectual Property Rights” means any copyright, patent, trade secret, trade names, service marks, trade dress, trademark, rights in get-up, goodwill, rights in designs, technology, artwork, rights in computer software (including source code or object code), database, moral rights, mask work rights, rights in invention and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereinafter invented or recognized whether registered or not, in any part of the world (including applications for, and registrations, extensions, renewals and re-issuances or, the forgoing). You agree to refrain from any action that would diminish such rights or would call them into question.
You further agree that the AFibLife™ App contains proprietary and confidential information (including software code) that is protected by applicable Intellectual Property Rights and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except as expressly permitted under this Agreement. No portion of the AFibLife™ App may be copied or reproduced in any form or by any means, except as expressly permitted in this Agreement or permitted by applicable law. The structure, organization, and code of the AFibLife™ App are the valuable trade secrets and confidential information of Abbott, its affiliates, and/or its licensors, and You shall not remove or delete any product identification, trademark, copyright notices or proprietary restrictions from the AFibLife™ App or other materials available through the AFibLife™ App. You must not use any illustrations, photographs, video or audio sequences or any graphics available through the AFibLife™ App separately from the accompanying text. Unauthorized copying of the AFibLife™ App or failure to comply with the restrictions in this Agreement (or other breach of the License herein) will give Abbott the right to terminate this Agreement and Your use of the AFibLife™ App. You also agree that failure to comply with the restrictions in this Agreement (or other breach of the License herein) may constitute immediate, irreparable harm to Abbott, its affiliates, and/or its licensors for which monetary damages would be an inadequate remedy, and that injunctive relief will be an appropriate remedy for such breach.
AFibLife™, AFEQT and related brand marks are trademarks of Abbott and/or its affiliates in various jurisdictions (the “Abbott Trademarks”). All goodwill derived through the use of the Abbott Trademarks pursuant to the terms of this Agreement shall inure solely to the benefit of Abbott and the relevant affiliate. Other trademarks included or accessed during the use of the AFibLife™ App are the trademarks of their respective owners and all goodwill associated with such trademarks shall inure to such respective trademark owners. No license or right, express or implied, is granted to You in any of the aforesaid trademarks, and You further agree that You shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the AFibLife™ App, Documentation and/or AFEQT questionnaire. No use of any Abbott trademark, trade name, or trade dress may be made without the prior written authorization of Abbott, except to identify the product or services of the company and as part of Your use of the AFEQT questionnaire. Abbott, its affiliates, its suppliers, and its licensors reserve all rights not expressly granted to You in this Agreement. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the Abbott Trademarks or is confusingly similar to any of these.
Portions of the AFibLife™ App may include material provided by third parties in which Intellectual Property Rights subsist. The licensors of such third-party materials retain all their respective right, title, and interest in and to such third-party materials and all copies thereof, including, but not limited to, all Intellectual Property Rights. The use of this third-party material and the associated rights are hereby acknowledged by You, except and then solely to the extent that the foregoing acknowledgment is ineffective in certain countries/states/ provinces/jurisdictions.
Notwithstanding anything to the contrary, Abbott does not transfer to You any ownership or Intellectual Property Rights in the AFibLife™ App, the Documentation, the AFEQT questionnaire, or any other content, technology, information or materials, and as between the parties, Abbott, its affiliates and its licensors retain exclusive ownership of all right, title, and interest in and to all aspects of the AFibLife™ App, the Documentation, and all other technology, information and materials, as well as any and all copies, derivative works, or modifications thereof (by whomever made and whenever made), including, but not limited to, all Intellectual Property Rights with respect to any and all of the foregoing.
The AFibLife™ App is licensed, not sold, to You by Abbott. Subject to Your compliance with this Agreement, and solely for so long as You are permitted by Abbott to use the AFibLife™ App, we hereby permit You, on a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable basis, to install and use the AFibLife™ App on a mobile device that You own or control solely for Your personal, non-commercial use (referred to as the “License”). If You fail to comply with any of the terms or conditions of this Agreement, You must immediately cease using the AFibLife™ App, and remove (that is, uninstall and delete) the AFibLife™ App from Your mobile device.
As a consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident and nothing in this Agreement affects Your rights as a consumer to rely on such mandatory provisions of applicable local law.
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ABBOTT, ITS AFFILIATES, ITS SUPPLIERS, AND/OR ITS LICENSORS, except solely to the extent that the foregoing is ineffective in certain countries/states/provinces/jurisdictions.
You shall notify Abbott immediately if You become aware of any known or suspected breach of security or misuse Your copy of the AFibLife™ App. In the event it is determined You no longer require access to the AFibLife™ App, You must immediately discontinue use of and uninstall the AFibLife™ App.
You hereby grant to Abbott a world-wide, perpetual, irrevocable, non-exclusive, sub-licensable, right and license to access, use, disclose, copy, distribute, reproduce, modify, adapt, publish, translate, transform, display, and commercialize the data submitted, inputted, or uploaded by You into the AFibLife™ App and all data pertaining to You within the AFibLife™ App (collectively, the “Data” or “Your Data”) for purposes set out in the AFibLife™ App Privacy Notice at https://www.afanswers.com/us/en/app/privacy-policy.html.
You further acknowledge and agree that the AFibLife™ App is not intended as a storage repository of Your Data and Your Data that appears within the AFibLife™ App dashboard is information stored on Your device. Abbott has no responsibility or liability for any loss of Your Data.
Abbott may make available to You from time to time updates, upgrades, revisions, or new versions of the AFibLife™ App through the applicable app store provider. Depending on the update, You may not be able to use the AFibLife™ App until You have downloaded the latest version of the AFibLife™ App and accepted any new terms that may apply. To use an AFibLife™ App version identified as an upgrade by Abbott, You must first be licensed to use the original AFibLife™ App that has been identified by Abbott as eligible for the upgrade. After upgrading, You may no longer use the version of the AFibLife™ App that formed the basis for Your upgrade eligibility and the upgraded software shall be deemed the AFibLife™ App licensed hereunder. This Agreement applies to all updates, upgrades or supplements to each version of the AFibLife™ App, unless Abbott provides other terms along with the update or supplement. In case of a conflict between this Agreement and other terms provided with respect to updates or supplements, such other terms will prevail. This Section 6 will not require Abbott to deliver new features and functionality which are priced separately by Abbott nor any future products.
Abbott will provide reasonable email support for use of the AFibLife™ App and use reasonable efforts to maintain availability of the AFibLife™ App. You understand and agree that from time to time the AFibLife™ App may be unavailable due to maintenance or technical issues. We cannot guarantee the continuous, uninterrupted, or error-free operability of the AFibLife™ App. There may be times when all (or certain features, parts, or content of) the AFibLife™ App become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn. Such modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you. You agree that we will not be liable to you or to any third-party for any unavailability, modification, suspension, or withdrawal of any of the AFibLife™ App, or any features, parts, or content of the AFibLife™ App.
Abbott may allow users to purchase a subscription (“Subscription”) to use certain services and content, for example the AFEQT questionnaire, (“Subscription Content”) offered in the AFibLife™ App via the secure third-party Apple/Google Pay (“Payment”) API. If You purchase a Subscription, Your purchase is subject to the additional terms of this section.
You place an order for Subscription Content via the AFibLife™ App. You will be guided through the process of placing an order by the instructions on in the AFibLife™ App.
Please take the time to read and check the details entered at each stage of the order process.
Payment for Your Subscription will be made via continuous authority using Apple or Google Pay (depending on the operating system on Your device) or Your chosen purchasing mechanism. Your Subscription will automatically renew on an annual basis until it is canceled in accordance with Section 9 (Subscription Cancellation) below. Payment for Your first year’s Subscription occurs when You confirm Your order. Payment for each subsequent year’s Subscription will be taken in advance on or shortly before the anniversary of Your order. You agree to maintain complete and accurate billing and contact information.
The price for Your Subscription will be set out in the AFibLife™ App.
Abbott may from time to time amend the price of the Subscription and will communicate any price changes to You in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, if You do not cancel your Subscription after the price change takes effect, You will have accepted the new price. If You do not agree to a price change, You can reject the change by cancelling Your Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of Your annual charge. These amounts can change over time with local tax requirements in Your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information You provide.
Abbott or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors, which will be provided to You prior to Your purchase.
Abbott in its sole discretion may also choose to offer special discount pricing options, which may permit users to gain access to the same Subscription Content included in Your Subscriptions.
For users in the UK: You have a legal right to change Your mind about Your purchase of a Subscription and to receive a refund of the amount You paid for it. If You change your mind about Your purchase, You must let Abbott know no later than fourteen (14) days after the day Abbott notified You that they accepted your order for Your Subscription. However, You cannot change Your mind after Abbott has provided You with access to the Subscription Content. If You request access to the Subscription Content within the 14-day period where You have the right to change Your mind, Abbott will ask You to consent to waiving Your right to cancel and ask You to acknowledge that by consenting, and Your right to cancel the Subscription will be end.
From time to time, Abbott may offer free trials for our Subscription or other promotional offers (each a “Free Trial”). A Free Trial provides You access to a Subscription for a period of time, with details specified when You sign-up for a particular offer. In order to sign-up for a Free Trial, You may have to provide Your preferred payment method (“Payment Method”). Your Free Trial begins when You submit Your payment details. You will not be charged until the Free Trial period ends.
Please note that unless You cancel Your Free Trial before the end of the applicable Free Trial period, or unless otherwise stated, Your access to the Subscription will automatically continue and You will be billed for the Subscription using the Payment Method You provided when You signed-up for the Free Trial. You may cancel Your Free Trial Subscription through Your respective Apple App Store or Google Play Store as described in Section 9 (Subscription Cancellation) below. Abbott may send You a reminder when Your Free Trial period is about to end, but Abbott cannot and does not guarantee You will receive any such notification. It is Your responsibility to know when the Free Trial period ends and cancel Your Free Trial prior to its end to avoid paying for a Subscription after the Free Trial period has ended.
If You elect to cancel Your Free Trial Subscription, and You do not wish to become a paying Subscription user, You must cancel Your Free Trial Subscription prior to the end of the Free Trial period. Depending on the Free Trial, You may lose access to the Subscription as soon as You cancel, or at the end of the Free Trial Period. Once you have cancelled Your Free Trial and received confirmation of such cancellation, You cannot resume the Free Trial period, even if You have not used the Free Trial Subscription for the entire duration of the offer.
Our Subscription features and content may change from time to time, and we cannot guarantee that any specific feature or content will be available for the entire Free Trial Period. Any rates in effect for a Subscription when You sign-up for a Free Trial will be the same when the Free Trial ends, unless we notify You otherwise. We reserve the right, in our sole discretion, to modify or terminate any Free Trial offer, Your access to the Subscription during the Free Trial, without notice and with no liability. You may not sign-up for more than one Free Trial of the same Subscription at the same time, and we reserve the right to limit Your ability to take advantage of multiple Free Trials.
You may cancel any Subscription any time within the first fourteen (14) days, or within the applicable Free Trial period, to avoid being charged a Subscription fee by selecting “Manage Subscriptions” in the AFibLife™ app, then “Edit Subscription” and “Cancel Subscription.” You may cancel Your Subscription, at any time, by selecting “Manage Subscriptions” in the AFibLife™ app, then “Edit Subscription” and “Cancel Subscription.” This will link You to Your app store settings where You can complete the cancellation steps. If You cancel Your Subscription after the first fourteen (14) days, or after the end of its Free Trial period, You will be charged the applicable Subscription Fee and cancellation will be effective at the end of the applicable annual Subscription period.
Please note that if You purchase a Subscription through the Apple App Store, You may cancel Your Subscription by opening the “App Store,” opening Your account, which is Your picture in the top right and selecting “Subscriptions.” If You purchase a subscription through the Google Play store You may cancel Your subscription in the Google Play Store “Account Settings” under “Subscriptions.”
Abbott may suspend or terminate Your access to Subscription Content for any reason, including but not limited to, Your fraud or breach of any obligation under this Agreement. Such termination or suspension may be immediate and without notice. Upon termination of Your access to the AFibLife™ App, all rights granted under this Agreement, including, without limitation, any licenses, shall cease, You must immediately cease all activities authorized by the Agreement and You will no longer be able to use or access the AFibLife™ App or Your Data. All data and materials, including, without limitation, Your Data, may be irretrievably deleted by Abbott.
For users in the UK: You have a legal right to change Your mind about Your purchase of a Subscription and to receive a refund of the amount You paid for it. If You change your mind about Your purchase, You must let Abbott know no later than fourteen (14) days after the day Abbott notified You that they accepted your order for Your Subscription. However, You cannot change Your mind after Abbott has provided You with access to the Subscription Content. If You request access to the Subscription Content within the 14-day period where You have the right to change Your mind, Abbott will ask You to consent to waiving Your right to cancel and ask You to acknowledge that by consenting, and Your right to cancel the Subscription will be end.
This Agreement is effective upon Your acceptance of this Agreement and shall continue until it is terminated. Abbott has the right to place limits on, modify, suspend or terminate Your access to the AFibLife™ App and Your Data immediately at any time and without prior notice or terminate this Agreement at any time if: (a) You breach and/or fail to comply with, any term or condition of this Agreement; (b) Abbott believes You have violated or acted inconsistently with the letter or spirit of the Agreement; (c) Abbott elects at its discretion to cease providing access to the AFibLife™ App or Your Data; or (d) in other circumstances and for other reasons determined by Abbott in its sole discretion.
Upon any such termination or suspension of this Agreement:
Note that if You do not wish to cancel or terminate Your Subscription, but You change Your device or reset Your current device settings, You will need to re-download the AFibLife™ App, and restore Your Subscription by selecting “Restore Purchase” and following the directions specified in the App. All data in the AFibLife™ App will be lost; however, Your Subscription will be restored. All data and materials, including, without limitation, Your Data, may be irretrievably deleted by Abbott.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE AFIBLIFE™ APP DOES NOT CONSTITUTE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSES, OR RECOMMENDATIONS ABOUT MEDICAL TREATMENT, NOR SHOULD IT BE REGARDED AS COMPRISING MEDICAL ADVICE, DIAGNOSES, OR RECOMMENDATIONS ABOUT MEDICAL TREATMENT OF ANY NATURE. ANY CONTENT OR DATA ACCESSED THROUGH THE AFIBLIFE™ APP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS FOR THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE, INJURY, OR OTHER CONDITION. THE AFIBLIFE™ APP DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE OR ANY MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. THE INFORMATION IN THIS APP IS MEANT TO SUPPLEMENT THE INFORMATION THAT YOU OBTAIN FROM YOUR DOCTOR. IF THERE IS A DISAGREEMENT BETWEEN THE INFORMATION PRESENTED HERE AND WHAT YOUR DOCTOR HAS TOLD YOU, IT IS MORE LIKELY THAT YOUR PHYSICIAN IS CORRECT. S/HE HAS THE BENEFIT OF KNOWING YOUR MEDICAL PROBLEMS. ABBOTT, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS ARE NOT ENGAGED IN RENDERING MEDICAL, CLINICAL, OR OTHER HEALTH-RELATED ADVICE AND ARE NOT RESPONSIBLE FOR NOTIFYING YOUR MEDICAL PROVIDER OR ANY OTHER HEALTHCARE PROFESSIONAL OF YOUR MEDICATION COMPLIANCE, ANY SURVEY RESULTS, OR ANY INFORMATION YOU PROVIDE THROUGH THE AFIBLIFE™ APP. ABBOTT IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF YOUR PERSONAL INFORMATION, OR FOR ANY RELIANCE BY YOU OR ANY MEDICAL PROFESSIONAL ON YOUR PERSONAL INFORMATION WITHIN AFIBLIFE™ APP. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE FOLLOWING OR CHANGING ANY TREATMENT OR REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE, APPROPRIATE, AND EFFECTIVE FOR YOU. IF YOU HAVE ANY QUESTIONS REGARDING YOUR PROCEDURE, TREATMENT, RECOVERY OR HEALTHCARE, CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT ON THE AFIBLIFE™ APP OR SUBMITTED BY YOU THROUGH SURVEY RESPONSES OR OTHERWISE THROUGH THE AFIBLIFE™ APP. THE AFIBLIFE™ APP DOES NOT RECOMMEND OR ENDORSE ANY PRODUCTS, ACTIONS, OR INFORMATION FOR ANY PARTICULAR CIRCUMSTANCES. THE APP AND CONTENT PROVIDED ON THE APP SHOULD BE USED IN CONCERT WITH YOUR PHYSICIAN OR HEALTHCARE PROVIDER. USE OF THE AFIBLIFE™ APP IS SOLELY AT YOUR OWN RISK AND ABBOTT IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY, HARM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR RELIANCE ON ANY CONTENT MADE AVAILABLE TO YOU OR SUBMITTED BY YOU THROUGH THE APP.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE AFIBLIFE™ APP AND YOUR DATA IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT LIES WITH YOU. ABBOTT, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF: (I) THE AFIBLIFE™ APP, OR (II) YOUR DATA. IN NO EVENT WILL ABBOTT, ITS AFFILIATES, ITS LICENSORS, OR ITS SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES RESULTING FROM MISTAKES, OMISSIONS, OR DELAYS RELATED TO THE AFIBLIFE™ APP OR YOUR DATA.
THE AFIBLIFE™ APP IS NOT INTENDED FOR USE ON A MOBILE DEVICE THAT HAS BEEN ALTERED OR CUSTOMIZED TO REMOVE, REPLACE, OR CIRCUMVENT THE MANUFACTURER’S APPROVED KERNEL, SYSTEM CONFIGURATION, OR USE RESTRICTIONS, OR WHICH VIOLATES THE MANUFACTURER’S WARRANTY. USE OF THE AFIBLIFE™ APP MAY ADVERSELY AFFECT THE OPERATION OF OTHER SOFTWARE AND DEVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS MAKE AVAILABLE THE AFIBLIFE™ APP AND YOUR DATA DISPLAYED IN THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND QUALITY, WORKMANLIKE EFFORT, QUIET ENJOYMENT, LACK OF VIRUSES, AND WARRANTIES OR CONDITIONS OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE AFIBLIFE™ APP, INFORMATION, CONTENT, OR RESULTS OR WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
ABBOTT, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS DO NOT GUARANTEE THAT THE FUNCTIONS OR FEATURES CONTAINED IN THE AFIBLIFE™ APP WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. SOFTWARE, SUCH AS THAT USED IN THE AFIBLIFE™ APP IS INHERENTLY SUBJECT TO BUGS AND POTENTIAL INCOMPATIBILITY WITH OTHER COMPUTER AND MOBILE SOFTWARE AND HARDWARE. YOU SHOULD NOT USE THE AFIBLIFE™ APP FOR ANY APPLICATIONS IN WHICH FAILURE COULD CAUSE ANY SIGNIFICANT DAMAGE OR INJURY TO PERSONS OR TANGIBLE OR INTANGIBLE PROPERTY. TO THE EXTENT THAT APPLICABLE LAW REQUIRES ABBOTT, ITS AFFILIATES, ITS LICENSORS, OR ITS SERVICE PROVIDERS TO PROVIDE WARRANTIES, YOU AGREE THAT THE SCOPE AND DURATION OF SUCH A WARRANTY SHALL BE TO THE MINIMUM EXTENT REQUIRED TO BE PROVIDED UNDER SUCH APPLICABLE LAW.
WHERE YOU CHOOSE TO SHARE YOUR DATA, INCLUDING, WITHOUT LIMITATION, HEALTH-RELATED INFORMATION, FROM YOUR AFIBLIFE™ APP WITH THIRD PARTIES, YOU ACKNOWLEDGE AND AGREE THAT ABBOTT, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR YOUR DECISION TO SHARE OR DISCLOSE YOUR DATA, INCLUDING, WITHOUT LIMITATION, HEALTH-RELATED INFORMATION. YOU HEREBY RELEASE ABBOTT, ITS AFFILIATES, ITS LICENSORS, AND ITS SERVICE PROVIDERS FROM ANY AND ALL LIABILITY THAT MAY ARISE FROM SUCH SHARING.
IN NO EVENT DOES ABBOTT PROVIDE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO ANY THIRD-PARTY HARDWARE OR SOFTWARE OR THE ACCURACY OF DATA DISPLAYED ON THE AFIBLIFE™ APP, AND ABBOTT DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF. ABBOTT DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTIONS OR CLAIMS AGAINST ABBOTT OR ANY OF ITS AFFILIATES, AGENTS OR ASSIGNS OR OTHER THIRD PARTIES AS MAY BECOME APPLICABLE OVER THE COURSE OF THIS AGREEMENT. SOME COUNTRIES/STATES/PROVINCES/JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
For users in the United Kingdom: nothing in Section 12 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR, THE ENTIRE LIABILITY OF ABBOTT, ITS AFFILIATES, ITS LICENSORS, AND ANY OF ITS THIRD-PARTY PROVIDERS, UNDER ANY PROVISION OF THIS AGREEMENT, OR IN ANY WAY RELATED TO OR OTHERWISE CONNECTED TO THIS AGREEMENT OR YOUR USE OF THE AFIBLIFE™ APP, AND YOUR SOLE AND EXCLUSIVE REMEDIES FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO EITHER THE FIXING, REPAIRING OR OTHERWISE RECTIFYING OF ANY FAULTS WITHIN THE AFIBLIFE™ APP, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES OR, WHERE APPLICABLE, THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU TO ABBOTT FOR THE AFIBLIFE™ APP ACCESS, IF ANY, OR USD $10.00. IN NO EVENT SHALL ABBOTT, ITS AFFILIATES, ITS LICENSORS, OR ITS THIRD-PARTY PROVIDERS BE LIABLE TO YOU FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE AFIBLIFE™ APP OR YOUR DATA, LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE DUE TO YOU DOWNLOADING THE AFIBLIFE™ APP, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF ABBOTT, ITS AFFILIATES, ITS LICENSORS, OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS ITS ESSENTIAL PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE AFIBLIFE™ APP CAUSES DEVICE PROBLEMS OR DATA LOSSES. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT OR THE AFIBLIFE™ APP WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.
For users in the United Kingdom: Nothing in this Agreement shall exclude Abbott’s liability for death or personal injury arising out of Abbott’s negligence or fraud or fraudulent misrepresentation in connection with the AFibLife™ App.
To the fullest extent permitted by applicable law, You agree to indemnify, defend, and hold harmless Abbott, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees, and licensors from and against any and all actual or alleged claims, demands, liabilities, judgment, awards, losses, costs, and expenses of every kind and nature whatsoever (including, without limitation, attorneys’ and experts’ fees) made by a third party due to or arising out of, caused by, or related to (a) Your use or misuse of, or activities in connection with, the AFibLife™ App; (b) Your Data; and/or (c) any violation or alleged violation of this Agreement or laws, regulations or third-party rights including any infringement of their copyright or Intellectual Property Rights of any third party by You or others in Your household or organization or otherwise in connection with Your or their use of the AFibLife™ App, including negligent acts, omissions, and/or willful misconduct. You agree to promptly notify Abbott of any claim(s) and shall cooperate fully with Abbott in defending such claims. You further agree that Abbott shall have control of the defense or settlement of any third-party claims.
Any submissions by You that You supply about this AFibLife™ App or provide to receive support for the AFibLife™ App (e.g., comments, questions, suggestions, materials – collectively, (“Feedback”)) will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Abbott is free to use, without any notice, attribution or compensation to You, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights and proprietary rights contained in the Feedback, whether or not patentable or registrable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Abbott shall have no obligation of any kind to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Our Privacy Notice governs how we may collect and use any personal information related our used by the App. By agreeing to be bound by this Agreement, You confirm that You have read, understood and, if permitted by law, accept the AFibLife™ App Privacy Notice, located at https://www.afanswers.com/us/en/app/privacy-policy.html
You shall hold Abbott’s Confidential Information in confidence and shall not disclose Confidential Information to any third party without Abbott’s prior written consent. “Confidential Information” means any information disclosed by Abbott that is not generally known to the public or, by its nature, should be reasonably considered confidential. You acknowledge and agree that a breach of this clause would cause irreparable harm and that Abbott shall be entitled to seek equitable relief from such breach.
Abbott may change the terms of this Agreement from time to time by notifying You of such changes by any reasonable means, including by displaying a revised Agreement on-screen when You next use the AFibLife™ App, and requiring You to read, explicitly consent, and agree to them to continue Your use of the AFibLife™ App. In addition, Your continued use of the AFibLife™ App after the date the amended terms of the Agreement are posted will constitute your acceptance of the amended Agreement. If accepted, such terms would be effective immediately, but would not apply to any dispute between You and Abbott arising prior to the date on which Abbott posted the revised Agreement incorporating such changes, or otherwise notified You of such changes. If You refuse to accept such changes, wither of us shall have the right to terminate this Agreement and Your use of the AFibLife™ App. You agree that Abbott shall not be liable to You or any third party for any modification or cessation of the AFibLife™ App.
For users in the UK: If you have purchased Subscription Content, we will give you reasonable notice of any such changes to this Agreement and, if you do not accept the amended Agreement, you will have the right to cancel this Agreement and Your Subscription.
Because Abbott has no control over and does not endorse, adopt, approve of, or recommend any third-party, non-Abbott websites or apps, or any information, graphics, materials, products, or services referred to or contained in such non-Abbott websites or apps, You agree that Your access to such other websites or apps made available via the AFibLife™ App is at Your own risk. Any links to these non-Abbott websites or apps are provided for convenience only and may not remain current or be maintained. Unless otherwise stated in this Agreement, all ownership and Intellectual Property Rights in and to non-Abbott websites and apps and the use of them is governed by separate third-party terms between You and the third party. Abbott accepts no liability for anything associated with third-party websites or apps, the content on any third-party apps or websites, or a third party’s privacy practices.
If You are in the United States, this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its choice of legal provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States shall govern to the fullest extent possible. Notwithstanding the foregoing, in the event of a breach or threatened breach of Your obligations with respect to confidentiality or intellectual property, Abbott will be entitled to equitable relief, including in a restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction without the need to post bond or other security. You agree that this Agreement shall be fully performable in the State of Illinois. You agree that jurisdiction and venue are proper to the state and federal courts located in the State of Illinois, United States of America, with respect to any proceedings arising from this Agreement or the relationship between the Parties hereto.
The Parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.
For Users in the United Kingdom: Except for this provision, Section 20 of the Agreement shall not apply to users in the UK except in respect to this Agreement not being governed by the United Nations Convention on Contracts for the International Sale of Goods. For such users, the governing law of Your country of residence shall apply.
Apple. By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, You specifically acknowledge and agree that the Agreement is entered into by and between Abbott and You and not with Apple. Notwithstanding the foregoing, You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this Agreement and that Apple has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that You have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the App is considered the “Licensed Application” as defined in the LAEULA and Abbott is considered the “Application Provider” as defined in the LAEULA. If this Agreement conflicts with the terms of the LAEULA, the terms of this Agreement shall control.
Google Play. By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), You specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in this Agreement, the Google Play Terms shall apply with respect to Your use of the AFibLife™ App that You download from Google Play. You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Abbott or You (or any other user) under this Agreement or the Google Play Terms
Certain items of software included with the App are subject to “free software” or “open source software” licenses (“Open Source Software”). This Open Source Software is not owned by Abbott and is not subject to this Agreement. No warranties are made by the owners of the Open Source Software under this Agreement and such owners disclaim all liability related to use of the Open Source Software. Each item of Open Source Software is licensed under the terms and conditions of the license that accompanies such Open Source Software. Nothing in this Agreement limits Your rights under, or grants You rights that supersede, the terms and conditions of that license. The following Open Source Software is included in this App:
Abbott will not knowingly make the AFibLife™ App available to You if (i) You are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are listed on any U.S. Government list of prohibited or restricted parties, and by accepting the terms in this Agreement, You are confirming that You are not subject to the foregoing.
The AFibLife™ App is subject to United States export controls, restrictions, including any United States embargoes or other federal rules and regulations restricting exports. Unless in compliance with applicable law and specifically authorized in writing by Abbott prior to any access, You shall not export the AFibLife™ App under any circumstances whatsoever. Even with Abbott’s authorization, it is Your obligation to obtain any required authorization and/or approval from any governmental authority as may be necessary to export or import the AFibLife™ App.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.
If You have any questions, complaints or other issues with the AFibLife™ App, please contact us at AFibLife@abbott.com. We will do our best to address Your concerns in a timely manner.
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings of the Parties, whether written or oral, with respect to the subject matter. Any pre-printed or other standard terms set forth on any customer order, acknowledgment or other form shall be deemed void and of no force or effect.
Abbott shall not be liable for failure of delay in performing obligations set forth in this Agreement, nor shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters or any other causes reasonably beyond the control of Abbott.
This Agreement may not be assigned by You without the prior written consent of Abbott, but may be assigned, transferred or delegated by Abbott without restriction. Any purported assignment in violation of this section shall be void. This Agreement is binding on the parties and their successors and permitted assigns.
Nothing contained in this Agreement will be construed as creating any agency, partnership, employment, or other form of joint enterprise between You and Abbott.
This Agreement contains headings for Your convenience only and does not limit, define or fully explain each section. The headings do not constitute or form any part of this Agreement and should not be used in the construction of this Agreement.
If Abbott provides a translation of the English language version of this Agreement, then the translation is provided solely for convenience, and the English version will prevail.
This Agreement does not give rise to any rights for non-Parties to enforce any term of this Agreement.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
™ Indicates a trademark of the Abbott group of companies.
‡ Indicates a third party trademark, which is property of its respective owner.
©2023 Abbott. All rights reserved.
End of Agreement.
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