Terms of Service

Terms of Service for this software
Last updated: June 1, 2020

This software provides services such as recording your snoring, blood oxygenation, sleep depth, sleeping posture, etc., to help you understand your physical condition, improve sleep quality, and maintain health.

Accept Terms
Please read this agreement carefully. By using the services of this software or creating an account with us, you are accepting and agreeing to the terms of this agreement. If you do not accept the terms of this agreement, we ask you not to use the application.

We may modify this agreement. After the updated version of the agreement takes effect, continuing to use the application means you accept the new version.


Disclaimer of Medical Service

This software is neither a medical device, nor an intension to replace professional medical advice or diagnosis. This software cannot be used to diagnose or treat sleep apnea or any disease/medical condition. Before making any decision or taking any action that may affect your health and safety, please consult a licensed doctor. Do not ignore professional advice because of the content of the application. If you have any questions or concerns about health, be sure to consult a healthcare professional.


Create an account

To use the functions in the app, you need to create an account and provide some of your information, including your full name, email address, age and gender. This information will be used in accordance with our privacy policy, and you agree to provide the correct information. If you are under 18, your parents or guardians must read and accept the terms of this agreement. By using the application, you confirm that your parents or guardians have read and accepted the terms.

You are responsible for all activities within the application. If you submit feedback through the app or directly via email channels, you are responsible for these communications.

When you use our website, answer a questionnaire, or interact with us through social media, we collect certain information. This information will be collected whether you have an account or not, and your use of these channels will not be considered private. For what content this data includes, why it is collected, and how we and others handle this information, please refer to our privacy policy.


Violation of the terms of use

You agree that if you perform any of the following actions, you are violating this agreement:

1. The right to sell, rent, lease, lend, sublicense, distribute or transfer applications or related content.
2. Modify, reverse engineering, or disassemble applications.
3. Copy, adapt, modify, and translate the application without our consent.
4. Allow others to use the application in a manner that violates the terms of this agreement.
5. Disable any measures used to protect intellectual property in the application.
6. Try to browse the measures which is taken to control access to copyrighted content.
7. Compile data in a way that competitors' products/services are available to use; Any such use should immediately terminate your permission to use the application.


Recording

This software stores the audio recorded while using the application on your device. We will not automatically collect audio recordings to our cloud server. We cannot automatically access these files stored in the private application folder.

Please note that if you share your records through non-private platforms such as social media or email or with medical professionals, they will not be considered private, and our company will not be responsible for the unauthorized processing/use of these records.


Required equipment

To make full use of the services of this software, you need to use a mobile device or tablet with network permissions and qualified software/hardware specifications. To work the software properly, you must enable microphone access during the initial setup of the application. The maintenance and security of the device may affect the function of the software. You are responsible for checking whether the device is suitable for delivering the function of the application.


Use of mobile devices

Please note that when using the software on a mobile device that does not use Wi-Fi, you may be charged a normal network data fee.


About children's data

Those under the age of 13 or the minimum age required by any jurisdiction of residence must not create an account unless their parents have provided authorization in accordance with appropriate laws.

If we find gathering information from children under the relevant minimum age and without parental consent, we will take action to delete the information as soon as possible. If parents believe that their child has submitted personal information to us and want to delete the information, please contact us to delete.


Intellectual property

We allow you to access this software for personal and non-commercial use in accordance with the terms of this agreement.

If you want to use any function of this software application for non-personal purposes, including but not limited to software, name, logo, domain name, unique terminology or any related function, you must obtain permission from the company, and you can contact us via email to make a request.

User Content License
This software enables you to record sound and then graphically depict and quantify the sound in statistical data. By using the application and providing us with graphical and statistical content, you can allow the company to use this anonymous data worldwide and is royalty-free, and has the right to distribute, copy, modify and publicly display this content to provide and operate the Application programs, and also for software promotional purposes. All content outlined here is subject to our privacy policy information.

Use at your own risk
Our goal is to give you an in-depth understanding of the causes and solutions of snoring, sleep, and sleeping posture, but the application cannot guarantee improvement of the symptoms. We do not make any assertions about the accuracy of the data and information provided by the application, and you agree that the application is not designed to perform the same role as medical devices. Your use of the application and any information provided is at your own risk.

Password and your security obligations
You are responsible for taking the necessary steps to protect your password to ensure that no unauthorized person can access your account. Your responsibilities are:

1. Set a safe and reliable password.
2. Manage who has access to your log in details: email address and password.
3. Authorize, monitor and control access to the use of your account.
4. If you think your account has been stolen and want to deactivate your password, please notify us.


Third-party services

This application allows you to access third-party websites, products, or services. We do not control the behavior of these third parties in any way, so we are not responsible for the use of these services. You are responsible for taking appropriate steps to determine the suitability of using third-party services and to protect your personal information and privacy.

Providing Feedback
We will read all the feedback and commit to continuously improve the application. Any communications you send to us are submitted in a non-confidential manner unless you specifically request it. You agree that we may disseminate this information at our discretion, and we will use the content, including appropriate modifications and contextual changes.

Changes to the application
We are always looking to improve the services provided, so we may change it without notice, including expanding or improving the application. We may also stop operating some or all applications at any time, or may choose to disable certain functions. Your use does not mean that you can continue to use all functions.


Indemnity

You agree to protect the company and its employees from any claims, lawsuits, claims, and liabilities, including but not limited to any reasonable legal/accounting costs caused by your breach of this agreement.

Copyright notice and removal procedure
If you believe that any content in the application violates your copyright, you can request it to be removed by providing the following information:

1. Materials and logos that you believe are protected by copyright. This requires describing the material and its location.
2. Identify the material and location you believe to be infringing. Provide a description and URL or any information that can help us find the material.
3. Your detail information, include name, address, phone number and email address (if available).
4. Claim that you can reasonably determine that the use of this material is not authorized by the copyright owner.
5. The information you provided is correct, indicating that you are the copyright owner or have the right to act on behalf of the copyright owner.
6. Signature or copyright owner or authorized representative.


Contact us

If you have any questions or concerns about the privacy of personal information or any information provided in this privacy policy, you can contact us by:
Email:RD@mdbiomedical.com
MD Biomedical, Inc.
8F., No.222, Sec 4, Chengde Rd., Taipei City 111, Taiwan