Heartful Mobile Application
Dated: 08 July 2019
Our Ethos and Overview
***The Heartful App IS NOT A MEDICAL DEVICE ***
While the Heartful app will provide you with interesting heart rate data, it is designed to be used as a leisure/entertainment/wellbeing tool.
Our desire is to offer you the Heartful App to help you meditate and relax more effectively. Our ethos is to secure your privacy to the best of our ability – we do not register, log you in, nor chase you to buy things. Your heart rate data is processed and stored on your device, but this is simply to allow the app to function, to allow a history display on the app and to allow you to download your data for further processing. Sometimes we will host advertising banners to help us fund our research into heart connection, and sometimes we may offer links to social media sites to allow you to share your results. These third-party offerings have their own Privacy Policies and Terms of Service, so do read those if you are concerned about your privacy or the third-party terms of service. Here are the details…
1. User Consent
2. Types of Data We Collect on the App & How We Collect & Process It
Personal Identification Data - The App does NOT have a registration or login process so no personal data such as name or email address is collected or stored by Heartbond Ltd.
Heart Rate, Processed Heart Rate Data and In-app Personalisation Data - You have complete privacy in respect of your heart rate and processed heart rate data.
Heartbond Ltd, Google Play, any third-party advertiser who may display an advertising banner on the App, any third-party social media app hyper-linked on the App, or any third-party website that may be hyper-linked on the App, cannot collect or share your personal heart rate data.
Your heart rate data is recorded using the device camera and is processed to extract useful information from it for display within the App.
Your heart rate data and processed heart rate data is stored in the memory of your device. Heart rate and processed data is stored indefinitely for individual app sessions on your phones, until you delete the data using the app functionality.
If you opt to personalise an App session, your name and a personal photo (that you must take using the phones camera) are stored in the App memory to save you typing in your name and uploading a photo for each new session. We and third-parties such as Google) do not have access to your name or any other personal details via the Heartful app software, but third-parties may have access to personal data if for instance you follow a link on the App to a social media site owned by a third-party, and you have given permission for these organisations to access and process your personal data.
3. Third Party Data Collection
Advertisers and advertising networks use some of the information collected by the App, including the unique identification ID of your mobile device; however, advertisers will not have access to any other identifiable Personal Data, such as any heart rate information. These third parties may also obtain information about other applications you have downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., you zip code), and other non-precise location information in order to help analyze and serve anonymous targeted advertising on the App and elsewhere. If you would like to opt-out from third party use of this type of information to help serve targeted advertising, you can stop all collection of information by an App easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
4. Android Permissions
The App uses several functions on your device that allow it to function. Google requires that these functions are separately permissioned by the user Dialogue boxes requesting permission will be delivered to the user on first using the app. They are as follows:
Camera – App needs this to measure your heart rate.
Storage – App needs this to store your data and then allow you to play it out or re-display it on your own third-party software.
Although this App has no content that is unsuitable for children, it has been designed for adult use.This App must not therefore be used by children under the age of 13. We do not use the App to knowingly solicit data from or market to children under the age of 13.
Terms of Service for HeartFul App
This mobile application (the “App”) is made available by Heartbond Ltd, a company limited by guarantee and registered in England and Wales with number 11685642 and with registered address 2 Mill Field, Barnston, Dunmow, Essex,England, CM6 1LH (“HeartBond”, “us”, “we” or “our”).
App and Related Terms
These App Terms incorporate Google Android’s * terms and conditions and privacy policies. * Android is a trademark of Google LLC (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App. *
Use of the App
You must be at least 13 years of age to use the App.
Heartbond Ltd hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Heartbond Ltd.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
1. App Functionality
The App measures your heart rate using the video camera on the device through your finger tip. It then mathematically analyses your heart rate data to determine heart rate variability measures that are then related to meditation effectiveness (Heartfulness score) which is then displayed to the user in a variety of ways.
No guarantees are provided by Heartbond Ltd as to the accuracy of the heart rates or heartfulness scores, and the score should only used as an estimate of meditation effectivness. The heartfulness scores will be unreliable if the heart rates of the user is not accurately recorded via the finger placed on the camera lens.
*** DO NOT LOOK DIRECTLY AT THE FLASHLIGHT NOR POINT IT AT ANOTHER PERSON'S EYES.
DO NOT PLACE YOUR FINGER OVER FLASHLIGHT DURING SESSION AS IT COULD BECOME HOT***
You are advised that the flashlight will illuminate throughout a session to allow recording of the pulse and this creates a bright light and some heat, as well as additional heat from the devices other functionality. Session are timed to end at five minutes duration and should not be used longer than this if you have concerns over the temperature of your device. In using this app you agree not to place your finger directly over the flashlight and not to look into the flashlight or shine it in the eyes of another person. If your device becomes excessively hot, you agree to switch it off and let it cool down. Heartbond Ltd will not accept any liability for damage to your mobile device that is caused by running the app for extended periods of time that causes over-heating or for users who place their finger over the flashlight.
***The Heartful App IS NOT A MEDICAL DEVICE ***
The Heartful App is designed as a leisure/entertainment device to aid a sense of wellbeing. You understand and agree that the App services and products and any other information you learn from Heart Bond are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care .
You should seek appropriate professional medical advice before taking or refraining from taking any action in reliance on any information contained in the App, or if you have any concerns about your heart or cardio-vascular health.
1, The App may not work accurately for anybody with heart irregularities such as atrial fibrillation, flutter or intense ventricular contractions, thick or calloused skin on fingers, or who are unable to sit still for a period of time.
Do not use the App while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
Hardware/Software Compatibility on Different Manufacturer Devices - You are advised that the App may not work on all devices dues to hardware and software limitations of individual manufacturers and devices.
2 Third-Party Costs and Terms of Service
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App (for instance browsing external or third-party websites) or any such third-party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
3. Intellectual Property
The Heartful and Heartbond name and logo, and other Heartbond Ltd trademarks, service marks, graphics and logos used in connection with the App are trademarks of Heart Bond (collectively “Heart Bond Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Heartbond Ltd Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Heart Bond or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Heartbond and its licensors.
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorised;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right or trade mark of any other person;
- is likely to injure, harass, upset, embarrass, alarm or annoy any other person;
- is likely to disrupt our service in any way; or
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree to indemnify Heartbond Ltd for any breach of these App Terms. Heartbond Ltd reserves the right to control the defence and settlement of any third-party claim for which you indemnify Heartbond Ltd under these App Terms and you will assist us in exercising such rights.'
4. No Promises
Heartbond Ltd provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Heartbond Ltd does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.
To the fullest extent permitted by applicable law, Heartbond Ltd hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
5. Exclusion of Heartbond Ltd's Liability
Nothing in these App Terms shall exclude or in any way limit Heartbond Ltd’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall Heartbond Ltd be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, personal injury, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device damage, failure or malfunction.
Heartbond Ltd shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Heart Bond’s liability arising under or in connection with these App Terms and your use of the App exceed £50.
These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
7. Contact Us