Logo Joda Blood Pressure

TERMS OF USE

Last updated: April 8, 2019

Thank you for your interest in Joda Blood Pressure mobile application (the “application”).

Before you can continue, you need to accept these terms of use and our privacy policy. Based on your acceptance they will form an agreement between you and the provider of the application - UniComs Switzerland GmbH - Sofia Branch (“us”, “we”, “our”).

Please read these terms of use carefully before clicking the "agree" button and downloading and/or start using the application.

Based on these terms of use and your consent to them, the application is licensed, not sold, to you for use strictly in accordance with these terms of use and our privacy policy.

ABOUT THE APPLICATION

The application is provided free of charge to all users.

It is an easy to use Blood Pressure Log that lets you log your blood pressure readings, monitor them and export data and send reports to your physician or professional healthcare provider.

The application is NOT a medical device, does not measure blood pressure, pulse or weight. It is just a Blood Pressure Journal application. You can enter your blood pressure readings manually or by scanning with the camera of your mobile device the display of your digital blood pressure monitor apparatus.

DISCLAIMER

This application is NOT a substitute for medical advice from a healthcare professional. Do not use this application for self-diagnosis and/or self-medication. If you use this application to observe a disease you should not change your treatment without consulting your physician prior. Always seek your doctor's advice for any medical questions you may have. Any health-related information provided in this application is for informational purposes only and should not be used to replace the advice of healthcare professionals. Relying on information presented in this application is at your own risk.

PROVIDER IDENTIFIER

UniComs Switzerland GmbH - Sofia Branch (“us”, “we”, “our”) is the provider, owner and operator of the application.

UniComs Switzerland GmbH - Sofia Branch is a Bulgarian company having its registered address at 118, Bulgaria Bulvd., Abacus business center, 5th floor, Sofia 1618, Bulgaria.

LICENSE

By agreeing to these terms of use we grant you a revocable, non-exclusive, non-transferable, limited license to download, install and use the application solely for your personal, non-commercial purposes strictly in accordance with these terms of use and our privacy policy. The license may not be sublicensed.

You may request the termination of your user account at any time, but until that happens you agree not to, and you will not permit others to:

  • sub-license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially use the application or make it available to use of any third party.
  • copy or use the application for any purpose other than as permitted under these terms of use.
  • modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the application.
  • remove or alter any proprietary notice, including notice of copyright or trademark, of the provider or its partners and suppliers.

We reserve the right to terminate your user account at any time if we find or suspect that the present terms and conditions have been violated. If we do so, we have no obligation to provide any possible refunds.

NO WARRANTIES AND LIMITATION OF LIABILITY

The application is provided to you "as is" and "as available", with all its faults and defects and without warranty of any kind.

Insofar as the application is made available to you at no cost, we make absolutely zero warranty, express or implied, for the suitability of the application for any specific purpose, for its stability or continuous and uninterrupted availability, for its compatibility to work with any other software, applications, systems or services and meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. We are not liable for any lost data as a result of any error or change.

Without limiting the foregoing, neither we nor any of our providers makes any warranty of any kind, express or implied as to the accuracy, reliability, or currency of any information or content provided through the application, or that the application, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Thus, each user is advised, for its own protection, to take the necessary steps to ensure appropriate security measures and utilize a virus scanner before downloading any information, software, emails or documentation.

Notwithstanding any damages that you might incur, our entire liability to you shall be limited to the amount actually paid by you for the application.

As some jurisdictions do not allow the exclusion of or limitations on liability and implied warranties or the limitations on the applicable statutory rights of a consumer, in such cases our warranty shall be limited to the contract-typical, foreseeable damage and only if there is willful misconduct or gross negligence from our side.

INTELLECTUAL PROPERTY

The application, including without limitation all software, copyrights, designs, utility models, patents, trademarks, know-how and other intellectual property rights related to the application are, and shall remain, our sole and exclusive property.

Software shall be made available in object code only. There is no obligation for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these terms of use in the case of transfer of open source software and which conditions require the making available of the source code. In such case we shall make the source code available in return for the payment of costs.

Any feedback, comments, ideas, improvements or suggestions provided to us by you with respect to the application shall remain our sole and exclusive property and we shall be free to use, copy, modify, publish, or redistribute it for any purpose and in any way without any credit or any compensation to you.

MODIFICATIONS AND UPDATES

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the application or any service to which it connects, with or without notice and without any liability to you.

We may from time to time provide enhancements or improvements to the features and functionality of the application, which may include updates and upgrades.

Modifications and updates may modify or delete certain features and/or functionalities of the application and you agree that we have no obligation to provide any updates, or continue to provide or enable any particular features and/or functionalities of the application to you.

USER RESPONSIBILITIES AND DUTIES

In accessing and using the application you shall not misuse or abuse it in any way, such as, but not limited to:

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use or using it for illegal purposes;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material;
  • interfering with its usage or operation;
  • abusing any technical bugs, glitches, exploits or other errors; or
  • causing unnecessary load to the application.

We may deny access to the application at any time, in particular if the user breaches any obligation arising from these terms of use.

LINKS TO OTHER SITES

The application may contain links to other sites and services that are not operated by us. Please note that if you click on a third party link, you will be directed to that third party's site. The use of third party's sites and services is at your sole risk and we strongly advise you to review the privacy policy of every site you visit first as we have no control over and assume no responsibility for the content & privacy policies of any third party sites.

APPLICABLE LAW

These terms of use and all disputes relating to or in connection with your use of the application and these terms of use or their subject matter shall be resolved by the competent court in Bulgaria in accordance with the laws of Bulgaria, excluding its conflict of laws rules.

The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

AMENDMENTS AND TERMINATION

We reserve the right to modify or replace these terms of use at any time.

By continuing to access or use the application after any revision of these terms, you agree to be bound by the revised terms and they form an agreement between you and us.

If you do not agree to the new terms, you may terminate our agreement by deleting the application and stop using it.

We may at any time and for any or no reason suspend or terminate our agreement with you with or without prior notice.

Our agreement with you will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of these terms of use.

You may also terminate our agreement with you by deleting the application and all copies thereof from your mobile device and stop using it.

Termination of our agreement with you will not limit any of our rights or remedies at law or in equity in case of breach by you during the term of your use of the application of any of your obligations under the present terms of use and our agreement with you.

The failure to exercise a right or to require performance of an obligation under these terms of use shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

CONTACT US

You can contact us by e-mail at contact@joda.app or using our mailing address - 118, Bulgaria Bulvd., Abacus business center, 5th floor, Sofia 1618, Bulgaria.