Terms and Conditions
What is Included in the Service?
The Service primarily consists of the CODE 4 APP, and/or a web interface to view Heart Rate Variability (HRV) information. The Service has limitations and is not appropriate for critical uses and life safety applications
- You are consenting to the use of arbitration to resolve disputes rather than jury trials or class actions
- You are consenting to automatic software updates of both the CODE 4 APP and any related internet-based services
What is Not Included?
The Service does not include, among other things, the following: (a) installation and setup of the CODE 4 APP (the CODE 4 APP is designed to be installed and setup by the User); (b) training or education; or (c) internet service to the User’s premises or services relating to resolution of issues arising from the internet service provider, or any private/public network support. You are responsible for all third-party products and services that are not included as part of the Service.
Fees and Pricing. The service is provided to agencies, corporations and individuals on a contract basis. Service Plans are structured as time-based subscription agreements.
Changes to Service Plan. Prices for our Service Plans are subject to change at any time. If you are in an active Service Plan, you will be notified 30 days prior to changes of the Terms or the pricing of the Service Plan. After you receive this notice, if you do not cancel your Service Plan, we will assume you have accepted the change in pricing.
Cancellations by You. You may cancel your Service Plan at any time. Please contact your Provicta account representative.
Data Collection and Privacy
DISCLAIMER OF WARRANTIES; SUBROGATION WAIVER
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICEIS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE/HOME NETWORK/COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. . WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS OPERATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE. YOU AGREE THIS SUBROGATION WAIVER IS NOT AN EXCULPATORY PROVISION BUT INSTEAD A RISK-SHIFTING PROVISION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
1. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, OR REPRODUCING ANY DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THESE TERMS; AND
2. OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE APPLICABLE SERVICE PLAN, IF ANY, INCLUDING TAXES.
THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.
You and Code 4 each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any services provided by Code 4, including, but not limited to, the advertising of or sales practices relating to such services, delivery, installation, and any communication, by whatever means, between you and Code 4, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court’s authority are exempt from this dispute resolution provision, so long as they are brought individually.
BY AGREEING TO ARBITRATION, YOU AND CODE 4 UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent, Cogency Global Inc., 850 New Burton Road, Suite 201, Dover, County of Kent, Delaware 19904. The arbitration will be conducted by the AAA under its rules. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND CODE 4.
ELECTRONIC DELIVERY OF NOTICES
You agree to receive electronic delivery of the Terms, which shall be deemed to have been delivered to you when you use the CODE 4 APP by their availability via a link in the mobile application.
These Terms constitute the entire agreement between you and us with respect to the services and benefits provided to you under the Service and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of Code 4 have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of the Service – either orally or in writing.