Last Updated: December 15, 2024
TERMS OF USE
Welcome to ECG Practice App!
These Terms of Use (“Terms”) govern your access to and use of the ECG Practice App (“the App”), operated by Nadav Shuker, an individual (“we,” “us,” “our”). By accessing, downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App.
1. OUR SERVICES
The App offers educational content and tools designed to assist users in learning and practicing the interpretation of electrocardiograms (ECGs). The services provided through the App (“Services”) are categorized into distinct modes and subscription tiers as described below:
1.1 Modes of Service
(a) Practice Quizzes Mode. This mode enables users to engage in interactive practice quizzes focused on ECG interpretation. Users are presented with ECG images sourced from a licensed dataset and are prompted to select the correct diagnosis from multiple-choice options. Each question is accompanied by an explanation of the correct answer to facilitate educational learning and comprehension.
(b) Medical Articles Mode. This mode provides access to a library of educational articles discussing various medical conditions identifiable through ECG interpretation. These articles are intended to supplement the user’s understanding of ECG diagnostics and related medical knowledge.
1.2 Types of Services
We offer the following tiers of Services:
- Free Version: The Free Version of the App provides access to a limited set of features and content (limited database of ECG images; limited number of quizzes)
- Premium Subscription: The Premium Subscription grants access to additional features and benefits. Premium features include, but are not limited to:
- ○ An expanded database of ECG images;
- ○ Unlimited access to practice quizzes;
- ○ AI-generated explanations for ECG diagnoses;
- ○ Advanced statistical analytics and performance tracking;
- ○ Full access to all educational articles and learning modes.
2. SUBSCRIPTIONS AND PAYMENT
This section outlines the subscription options available, payment terms, and refund policies, as well as the procedures for handling subscriptions for individual and organizational users. By subscribing to a plan, users agree to the terms and conditions set forth in this clause.
2.1. Individual Users
(a) Monthly Subscription. The Monthly Subscription grants individual users access to the premium features of the App for a period of one month. This subscription will automatically renew at the end of each monthly term unless canceled by the user in accordance with the cancellation terms provided by the respective app store.
(b) Yearly Subscription. The Yearly Subscription grants individual users access to the premium features of the App for a period of one year. This subscription will automatically renew at the end of each yearly term unless canceled by the user in accordance with the cancellation terms provided by the respective app store.
(c) Refunds. Refund requests for individual subscriptions must be submitted directly through the app store from which the subscription was purchased (either Google Play Store or Apple App Store). All refund requests will be subject to the refund policies and procedures of the respective app store.
2.2. Organizational Users
Organizations, such as universities or other educational institutions, may enter into a separate yearly subscription agreement outside of the Google Play Store or Apple App Store platforms. Payment terms, contract specifics, and subscription details for organizational users will be handled directly between the organization and us. Such agreements will be subject to the terms outlined in the separate contract between the organization and us.
3. USER CONDUCT AND USER OBLIGATIONS
By accessing and using the App, you agree not to engage in any of the following activities:
(a) Creating fake or fraudulent accounts, or using bots or automated systems to access or interact with the App.
(b) Engaging in any form of fraudulent, deceptive, or financially misleading activities in connection with your use of the App.
(c) Attempting to hack, gain unauthorized access to, or interfere with the security of any user accounts, systems, networks, or data associated with the App.
(d) Violating any applicable local, national, or international laws or regulations in connection with the use of the App.
By accessing and using the App, you agree to comply with the following obligations:
(e) You shall use the App in compliance with all applicable laws, regulations, and legal obligations, including those related to data protection, intellectual property, and online conduct.
(f) You agree to provide accurate, complete, and up-to-date information when creating and maintaining your account or interacting with the App.
(g) You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any security breaches.
(h) You shall use the App solely for lawful, personal, non-commercial purposes. You agree not to engage in any activity that may disrupt or interfere with the functionality of the App, including but not limited to attempting to gain unauthorized access to the App’s systems or data.
(i) You shall not use the App to harass, abuse, or harm others, or to transmit any content that is illegal, defamatory, obscene, or otherwise objectionable.
Failure to fulfill these obligations may result in suspension or termination of your account, at our discretion, without prior notice.
(j) You understand and agree that the App is an educational tool and should not be relied upon as the sole source for making medical decisions. You must independently verify the accuracy of the information provided by the App through trusted medical sources or qualified healthcare professionals.
(k) You acknowledge and accept the limitations of the App as an educational resource and understand that the App does not provide formal professional training or medical certification.
4. INTELLECTUAL PROPERTY AND LICENSES
4.1. The ECG images used in the App are sourced from licensed datasets. Credit and attribution are provided under the following license: PTB-XL ECG Dataset License
4.2. Medical Articles: Medical articles provided within the App are sourced from Life in the Fast Lane (LITFL).
4.3. All content within the App, including but not limited to text, images, graphics, software, trademarks, and any other materials, is owned by or licensed to us and is protected by applicable intellectual property laws. You are hereby granted a limited, non-exclusive, non-transferable, and revocable license to access and use the App solely for personal, non-commercial purposes, subject to compliance with these Terms of Use.
5. DATA COLLECTION AND PRIVACY
Our data collection practices are outlined in our Privacy Policy. By using the App, you agree to the collection and use of your data as described in the Privacy Policy.
6. COMPLIANCE WITH APP STORE POLICIES
You acknowledge and agree that your use of the App must comply with the terms, policies, and guidelines of the app store from which you downloaded the App, including but not limited to the Apple App Store or Google Play Store (collectively, the “App Stores”). You are responsible for ensuring that your use of the App does not violate any applicable App Store terms. In the event of any conflict between these Terms of Use and the applicable App Store terms, the App Store terms will prevail solely to the extent required by the App Store.
If you download the Application from the Apple App Store, you also acknowledge and agree that:
- ● These Terms of Use are between you and us, not Apple.
- ● Apple is not responsible for the App, its content, or any support or maintenance services
related to the Application.
- ● Apple has no obligation to provide any warranty for the Application beyond what is required
by law.
If you download the App from the Google Play Store, you acknowledge and agree to comply with Google’s Play Store terms of service and policies.
7. ACCOUNT TERMINATION
We reserve the right to suspend or terminate your account, without prior notice, under any of the following circumstances:
(a) A breach or violation of these Terms of Use or any other applicable policies.
(b) The creation of false, fraudulent, or misleading user accounts, or the use of bots or automated systems to interact with the App.
(c) Engagement in any fraudulent activities, including but not limited to financial misconduct, deceit, or misrepresentation.
(d) Any attempt to hack, access, or interfere with user accounts, systems, or data in an unauthorized manner.
Upon account termination, you may lose access to any or all services provided through the App, and we shall not be liable for any such loss.
8. PUSH NOTIFICATIONS AND COMMUNICATIONS
By using the App, you consent to receive push notifications and email communications, including but not limited to reminders, updates, and marketing offers related to the App. You may manage or opt-out of these notifications and communications at any time through the App’s settings or by following the unsubscribe instructions we may provide in our email communication.
9. AGE RESTRICTIONS
The App is intended for use by individuals who are 18 years of age or older. By accessing or using the App, you represent and warrant that you are at least 18 years old. If you are under the age of 18, you are not permitted to use the App, and you must immediately cease all use of the App. We reserve the right to suspend or terminate the accounts of users who do not meet the age requirement.
10. DISCLAIMERS
10.1. No Medical Advice. The App is intended solely for educational purposes and does not provide medical advice, diagnosis, or treatment. The content provided, including ECG images, quizzes, and articles, is for informational purposes only. The App is designed to enhance learning and understanding of ECG interpretations and related medical conditions, but it is not a substitute for formal professional training in medicine or cardiology.
10.2. By using the App, you acknowledge and understand that the content within the App does not replace formal medical education or professional training. The quizzes, articles, and explanations are educational tools meant to supplement, but not replace, the knowledge gained through accredited medical programs and professional practice.
10.3. Not for Clinical Decision-Making. The App and its content should not be relied upon for making clinical decisions or diagnosing medical conditions. The App is not intended for use in clinical practice, patient care, or any real-world medical diagnosis or treatment scenarios. Always seek the advice of a qualified healthcare provider with any medical concerns or questions you may have.
10.4. We make no representations or warranties, express or implied, regarding the accuracy, completeness, or reliability of any content available through the App. Use of the App and its content is at your own risk, and we disclaim any responsibility for errors, omissions, or inaccuracies. It is
your responsibility to verify the accuracy of the information provided in the App through other trusted sources before relying on it for any educational or informational purposes.
10.5. We do not assume any professional liability for the use or misuse of the App or its content. The App is not a tool for clinical practice, and we are not responsible for any consequences, including but not limited to, incorrect diagnoses, misinterpretations, or clinical decisions made based on the App’s content. Users agree to use the App solely for educational purposes and acknowledge that they are solely responsible for any professional actions or decisions they make.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising out of or in connection with:
(a) Your use or inability to use the App, including any interruptions or malfunctions in the App’s functionality.
(b) Any errors, inaccuracies, omissions, or interruptions in the content provided through the App. (c) Unauthorized access to, or use of, your data or personal information, including any unauthorized access by third parties.
(d) Any medical decisions, diagnoses, or treatments made based on the information provided by the App. The App is for educational purposes only and is not a substitute for professional medical training or judgment.
(e) Any damage, injury, or loss resulting from reliance on the content provided by the App, including ECG images, quizzes, articles, or explanations. You are solely responsible for verifying the accuracy and suitability of the information through trusted sources before making any decisions or taking any actions.
12. THIRD-PARTY CONTENT
12.1. The App incorporates datasets, articles, and other content sourced from third-party providers, including but not limited to datasets licensed under the terms outlined in their respective agreements. While we strive to use reputable and reliable sources, we do not guarantee the accuracy, completeness, or reliability of third-party content.
12.2. The inclusion of third-party content in the App does not imply endorsement, affiliation, or responsibility for the views, opinions, or content expressed by such third parties.
12.3. We are not liable for any inaccuracies, omissions, or disputes arising from third-party content included in the App. Users acknowledge and agree that reliance on such third-party content is at their own discretion and risk. It is your responsibility to independently review and verify the information derived from third-party sources before relying on it for any purpose.
12.4. Third-party content may be updated, modified, or removed without notice. We are not responsible for ensuring that third-party content remains current or accurate over time.
13. GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflicts of law principles.
In the event of any dispute, claim, or controversy arising out of or in connection with these Terms, the parties agree to first attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved through negotiations within a reasonable time (not to exceed 90 days), the parties may then seek resolution through the courts located in Israel, which shall have exclusive jurisdiction.
14. CHANGES TO THESE TERMS
We may update these Terms from time to time. If we make significant changes, we will notify you by updating the “Last Updated” date or via push notifications. Your continued use of the App after changes indicates your acceptance of the revised Terms.
15. CONTACT INFORMATION
For any questions, concerns, or inquiries regarding these Terms of Use or the App, you may contact us at the following: ecgpracticeapp@gmail.com
You may also contact us for any other matters related to your use of the App, including but not limited to inquiries regarding intellectual property, account termination, or dispute resolution. All communications will be addressed in accordance with applicable laws and regulations.
