Acceptance
These Terms of Service govern your use of ECG Journal and this website. By downloading, accessing, or using ECG Journal, you agree to these Terms. If you do not agree, do not use the app.
Apple App Store Terms
If you downloaded ECG Journal from the Apple App Store, Apple’s standard licensed application terms or other applicable App Store terms also apply. These Terms are intended to supplement those Apple terms. If Apple’s terms or mandatory law provide rights that cannot be limited by these Terms, those rights are not limited.
Health and Medical Disclaimer
ECG Journal is not a medical device, clinical tool, diagnostic tool, monitoring service, or substitute for professional medical advice. ECG Journal is intended only for lifestyle, wellness, entertainment, and personal organization.
Do not use ECG Journal to diagnose, treat, monitor, prevent, or cure any disease, condition, symptom, or emergency. Do not make medical decisions based on ECG Journal. Always seek the advice of a qualified healthcare professional for medical questions.
If you believe you may be having a medical emergency, call emergency services immediately. Do not delay seeking medical care because of anything displayed or not displayed in ECG Journal.
Apple Health Data and Accuracy
ECG Journal is a view layer on top of data made available through Apple Health and connected devices, including Apple Watch. ECG Journal does not create, validate, or certify the underlying ECG, blood pressure, symptom, or device data.
Data displayed by ECG Journal may be incomplete, delayed, stale, mislabeled, corrupted, unavailable, or inaccurate. Calculations, links, filters, exports, summaries, and visual views may also contain errors. Verify any data in Apple Health and, where relevant, with the original device, source, or a qualified professional before using it for any purpose.
Your Responsibilities
You are responsible for your use of ECG Journal, your device security, your Apple Health permissions, your iCloud and backup settings, and any exported files. Use ECG Journal only as permitted by law and by Apple’s terms.
You may not misuse ECG Journal, interfere with the app or website, attempt unauthorized access, reverse engineer the app except where law permits, or use ECG Journal in a way that could harm others.
If you are under 18, you may use ECG Journal only with the supervision of a parent or legal guardian who agrees to these Terms on your behalf. ECG Journal is not intended for children under 13.
You must comply with applicable platform terms, Apple App Store rules, Apple Health rules, device policies, export control laws, and all laws that apply to your use of ECG Journal.
You may not use or export ECG Journal except as authorized by United States law and the laws of the jurisdiction where you obtained the app. You represent that you are not located in a U.S.-embargoed country or on a U.S. government restricted-party list.
Privacy
Our collection and use of information are described in our Privacy Policy, which is part of these Terms.
You agree that we may collect and use technical data and related information, including information about your device, operating system, app version, diagnostics, crash reports, performance, and purchase status, to provide support, software updates, reliability improvements, fraud prevention, and other app-related services. We may use this information in a form that does not personally identify you to improve ECG Journal.
Changes, Suspension, and Termination
We may update, change, suspend, discontinue, restrict, or remove features of ECG Journal at any time where permitted by law. We may also update these Terms at any time by posting a revised version on this page. Continued use of ECG Journal after an update means you accept the revised Terms.
We may revoke or terminate your right to use ECG Journal if you violate these Terms or use the app unlawfully.
Ownership and License
ECG Journal, including its software, design, text, graphics, trademarks, and other content, is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms and applicable App Store terms, you receive a limited, personal, non-transferable, revocable license to use ECG Journal on Apple-branded devices you own or control.
Purchases, Subscriptions, and Refunds
If ECG Journal offers paid downloads, subscriptions, or in-app purchases, payment and refund handling is managed by Apple through the App Store. Apple’s purchase, subscription, cancellation, and refund rules apply.
Subscription fees may change where permitted by Apple’s rules and applicable law. Changes to subscription fees do not affect an active subscription until renewal.
You can cancel subscription renewal through your App Store account settings. Except where required by law or Apple’s rules, paid fees are non-refundable, and you will retain access until the end of the current paid period.
Subscriptions, purchases, and entitlements are tied to the Apple account used for purchase and may not be transferable.
Updates, Compatibility, and Availability
We may require updates to continue using ECG Journal, including updates for security, compatibility, safety, or platform-policy reasons. ECG Journal may not work on older iOS versions, unsupported device models, or devices where required Apple Health permissions or services are unavailable.
We do not guarantee that ECG Journal, Apple Health access, App Store availability, iCloud behavior, exports, analytics, or support channels will be uninterrupted, error-free, or available in every region or language. Features may be modified, limited, or withdrawn due to platform, policy, technical, legal, or business changes.
No Warranties
ECG Journal is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, availability, non-infringement, and uninterrupted or error-free operation.
Limitation of Liability
To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for lost data, lost profits, personal injury, medical decisions, health outcomes, device issues, Apple Health data issues, iCloud or backup issues, or reliance on inaccurate or unavailable information.
Without limiting the foregoing, we disclaim liability arising from Apple Health permission changes, device or iCloud settings, App Store account issues, operating system changes, unavailable exports, sync delays, deleted local data, or platform-enforced restrictions.
To the maximum extent permitted by law, our total liability for all claims relating to ECG Journal or these Terms will not exceed the greater of the amount you paid for ECG Journal in the 12 months before the claim or fifty U.S. dollars (US $50).
Some jurisdictions do not allow certain warranty disclaimers or liability limits. In those jurisdictions, the limits apply only to the maximum extent permitted by law.
Additional Legal Terms
You agree to indemnify and hold us, our affiliates, officers, employees, and agents harmless from claims, damages, liabilities, losses, and expenses arising from your use of ECG Journal, your violation of these Terms, your violation of law, or your infringement of third-party rights.
If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of that provision or any other provision.
We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including platform changes, network failures, outages, labor disputes, pandemics, acts of government, war, terrorism, natural disasters, or other force majeure events.
We may assign or transfer our rights and obligations under these Terms without notice. You may not assign or transfer your rights or obligations without our prior written consent.
These Terms and the Privacy Policy are the entire agreement between you and us concerning ECG Journal and supersede prior agreements or understandings about the app.
Any feedback, comments, ideas, or suggestions you provide about ECG Journal are voluntary. We may use them without restriction or obligation to you. To the extent needed, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and exploit that feedback.
These Terms are governed by the laws of the State of Israel, without regard to conflict of law rules. Any dispute related to these Terms or ECG Journal will be resolved exclusively in the competent courts of Tel Aviv, Israel. Before filing a claim, you agree to first try to resolve the dispute informally by contacting us.
Contact
For questions about these Terms, email contact@activeday.app.