Terms and Conditions (EU)

Effective date & provider

1) Scope and acceptance

• 1.1 These Terms and Conditions (“Terms”) govern your use of heartcheckapp chat, websites, mobile platforms, optional upload features, account functionality, and the wellness report product, including payment processing and report delivery.
• 1.2 By creating an account, signing in, using heartcheckapp, continuing a chat session, uploading content, requesting a report, or completing payment, you agree to these Terms and acknowledge that you have read and understood them.
• 1.3 If you do not agree to these Terms, you may not use the Service.

2) Nature of the service

• 2.1 heartcheckapp is an AI-powered educational and wellness information service. It is not a medical device, does not provide medical diagnosis, and must not be used for medical decision-making, treatment, or clinical decision support.
• 2.2 The Service is intended solely for general wellness education and informational support.
• 2.3 Always consult a qualified healthcare professional before making healthcare decisions or acting on any information generated by the Service.
• 2.4 If you believe you may be experiencing a medical emergency, seek urgent medical care immediately and contact emergency services.

3) AI processing and accuracy

• 3.1 heartcheckapp includes AI-powered features used to generate educational wellness summaries requested by the user.
• 3.2 To provide these features, selected user-provided content may be processed by Amazon Web Services (“AWS”), including Amazon Bedrock and the Anthropic Claude Sonnet model, acting on our behalf.
• 3.3 Before data is sent for AI processing, users are presented with a clear consent request within the app and must explicitly agree before such processing occurs.
• 3.4 Data used for AI processing may include chat responses, uploaded document text, extracted health-related content, language preference, and related service metadata necessary to generate the requested summary.
• 3.5 Before AI processing, the workflow is designed to remove direct personal identifiers where feasible. However, submitted content may still include health-related information.
• 3.6 AI-generated information may be incomplete, inaccurate, or inappropriate for your personal circumstances and must not be relied upon as medical advice.
• 3.7 The Service is provided “as is” and “as available” for informational purposes only, without warranties of clinical accuracy, diagnostic validity, or fitness for medical use.

4) Payment, pricing, and delivery

• 4.1 Payments are processed securely through Stripe, a third-party payment processor.
• 4.2 We do not receive or store your full payment card number.
• 4.3 Before completing payment, you must confirm that you have read and accepted these Terms.
• 4.4 Upon successful payment, your requested wellness report will be generated and sent to the email address associated with your account or otherwise provided by you for delivery.
• 4.5 Prices include applicable taxes unless stated otherwise.
• 4.6 Payments are non-refundable once the requested report has been generated, except where mandatory consumer law provides otherwise.

5) Data protection and privacy

5.1 CardivAI GmbH processes personal data in accordance with applicable data-protection law, including the GDPR where applicable. For details, see our Imprint / Data Privacy.

• 5.2 We collect and process account information such as email address and user ID for account access, service operation, security, customer support, payment status verification, and delivery of requested reports.
• 5.3 We process health-related information and user content you choose to provide, including chat inputs and optional uploads, only to operate the service and provide requested functionality.
• 5.4 Uploads are optional. You can use core parts of the service without uploading documents.
• 5.5 Uploaded documents stored for processing are deleted automatically after approximately 24 hours. Generated wellness reports may be retained as part of the requested functionality, subject to applicable retention, security, and deletion practices.
• 5.6 The app/service does not use tracking for advertising, does not use advertising networks in the app/service, and does not sell personal data.
• 5.7 The EU marketing website may use CookieYes and Google Tag Manager for consent-based website measurement. This is separate from the heartcheckapp app/service experience.
• 5.8 You may request access, correction, or deletion by contacting office@cardivai.com or support@heartcheckapp.com.

6) Account creation and sign-in

• 6.1 Certain features of the Service require account creation or sign-in.
• 6.2 You agree to provide accurate account information and to keep your login credentials confidential.
• 6.3 You are responsible for activities that occur through your account except to the extent caused by our own acts or omissions.
• 6.4 By creating an account or signing in, you acknowledge and agree to these Terms and to our Imprint / Data Privacy.

7) User obligations

• 7.1 You agree to provide truthful information and to use the Service only for lawful personal wellness and educational purposes.
• 7.2 You will not misuse, interfere with, copy, scrape, or reverse-engineer the Service, except to the extent such restriction is not permitted by law.
• 7.3 You will not use the Service to seek diagnosis, prescriptions, or treatment recommendations, or to substitute the Service for professional medical care.
• 7.4 You represent that you are at least 18 years old and legally able to enter into this agreement.
• 7.5 You must not upload or submit content you do not have the right to provide.

8) Limitation of liability

• 8.1 To the fullest extent permitted by law, CardivAI GmbH is not liable for indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Service.
• 8.2 To the fullest extent permitted by law, our total aggregate liability for any claim arising from the Service shall not exceed the amount paid by you for the specific paid Service giving rise to the claim.
• 8.3 Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law, including mandatory consumer rights.
• 8.4 You acknowledge that you use the Service at your own risk and that it does not replace a healthcare professional.

9) Regulatory compliance

• 9.1 heartcheckapp is intended as an educational wellness service and is designed to avoid diagnosis or treatment recommendations.
• 9.2 We aim to comply with applicable consumer, privacy, and data-protection laws.
• 9.3 Nothing in the Service or these Terms should be interpreted as creating a medical professional-patient relationship.

10) Intellectual property

All content, design, text, graphics, logos, software, and other materials within heartcheckapp are the property of CardivAI GmbH or its licensors and are protected by applicable law. You may not reproduce, distribute, modify, publicly display, or create derivative works from any part of the Service without prior written consent, except as permitted by law.

11) Suspension and termination

CardivAI GmbH may suspend or terminate access to the Service for violation of these Terms, misuse of the Service, security concerns, technical necessity, legal reasons, or to protect users and the Service. Provisions relating to privacy, intellectual property, liability, payments already incurred, and any clauses that by their nature should survive termination shall survive to the extent permitted by law.

12) Governing law and jurisdiction

• 12.1 These Terms are governed by the laws of Austria, excluding its conflict-of-law rules, unless mandatory consumer protection law provides otherwise.
• 12.2 EU users may have mandatory consumer protection rights under their local law that remain unaffected.
• 12.3 To the extent permitted by law, disputes shall be subject to the jurisdiction of the courts of Austria.

13) Acknowledgment and consent

By creating an account, signing in, continuing a chat session, requesting a report, or proceeding with payment, you confirm that:

• You have read and accepted these Terms and Conditions.
• You understand that the Service is educational only and not medical advice.
• You understand that AI-generated information may be incomplete or inaccurate and is not a substitute for professional medical care.
• You consent to processing of your data as described in these Terms and our Imprint / Data Privacy.
• You understand that specific AI-powered report functionality requires separate explicit consent within the app before relevant content is sent for AI processing.