Terms of Use

Please read these Terms of Use (the “Terms” or this “Agreement”) carefully before using any CardioX product or service. These Terms are a legally binding agreement between you (“you,” “your,” or “User”) and CardioX, Inc. (“CardioX,” “we,” “us,” or “our”). By accessing or using our websites, mobile applications, wearable devices, firmware, software, dashboards, or any other features, content, or services provided by CardioX that link to or reference these Terms (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Who We Are and How This Agreement Applies

These Terms govern: (a) your use of any CardioX device, including the software embedded within it (the “Device”); (b) any subscription or membership that provides access to the Services and/or a Device (a “Membership”); and (c) all other aspects of the Services. Any additional terms, policies, or guidelines posted on or made available through the Services (including our Privacy Policy) are incorporated into these Terms by reference.

2. Eligibility and Account Registration

  • Age requirement:You must be at least 18 to use the Services. If you are under the age of majority in your jurisdiction, you may use the Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms.
  • Account creation: You must create an account to access certain features. You agree to provide accurate, current, and complete information and to keep it updated.
  • Account security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or suspected breach of security.

3. Memberships, Fees, and Automatic Renewals

  • Membership plans: CardioX may offer various Membership plans, which could include different levels of access, features, or hardware. Details, pricing, and benefits for each plan are described at the time of purchase or enrollment.
  • Billing and payment: If your Membership involves fees, you authorize us (or our third-party payment processor) to charge your designated payment method at the start of your Membership and on each renewal term, unless you cancel beforehand.
  • Automatic renewal: Unless otherwise stated, Memberships automatically renew for successive periods at the then-current rate. We will provide information on how to cancel prior to renewal. You can manage or cancel your Membership through your account settings or by contacting support.
  • Price changes:We may change Membership fees upon reasonable advance notice, unless prohibited by law. Changes will apply at the next renewal term unless you cancel.

4. Trials, Promotions, and Discounts

From time to time, we may offer free trials, promotional rates, or discounts. Unless otherwise stated, trial periods convert to paid Memberships at the end of the trial term, and you authorize us to charge your payment method. Trial eligibility and restrictions are at CardioX’s discretion.

5. Shipping, Returns, and Hardware Upgrades

If your Membership includes hardware, shipping timelines and return rules will be provided during checkout. Separate terms (e.g., “Terms of Sale” or “Hardware Policy”) may apply to product purchases, upgrades, or returns. In the event of a conflict between these Terms and specific sale terms, the latter will control for those transactions.

6. License to Use the Services

CardioX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, subject to these Terms. You may not: (a) copy, modify, or distribute the Services; (b) reverse engineer or attempt to extract source code; (c) resell, rent, or lease the Services; or (d) use the Services for any unlawful or harmful purpose.

7. Health and Wellness Disclaimer / No Medical Advice

The Services may provide insights into your wellness, recovery, or training. We are not a medical device manufacturer (unless explicitly stated) and the Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult a physician before beginning any exercise, nutrition, or wellness program. If you have or suspect you have a medical condition, discontinue use and seek professional medical advice.

8. User Content and Community Features

  • User Content:Some Services allow you to upload, submit, store, or transmit content (“User Content”). You retain ownership of your User Content, but you grant CardioX a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such content in connection with providing and improving the Services.
  • Responsibility: You are solely responsible for your User Content and for ensuring it does not violate any laws or rights of others. CardioX may, but is not obligated to, monitor, remove, or disable access to any content that violates these Terms.

9. Prohibited Conduct

You agree not to:

  1. Use the Services for any illegal or unauthorized purpose.
  2. Upload or transmit viruses, malware, or any other harmful code.
  3. Interfere with or disrupt the Services or servers/networks connected to the Services.
  4. Attempt to gain unauthorized access to the Services, accounts, or computer systems.
  5. Use any automated means (e.g., bots, scrapers) to access the Services without our written permission.
  6. Harass, threaten, or otherwise harm other users or third parties.

10. Intellectual Property Ownership

Except for User Content, all content and materials included in the Services—including text, graphics, logos, icons, images, audio clips, software, and firmware—are the property of CardioX or its licensors and are protected by intellectual property laws. No rights are granted to you other than as expressly stated in these Terms.

11. Third-Party Services and Links

The Services may integrate with or link to third-party services, apps, or websites. CardioX does not control and is not responsible for those third parties. Your use of third-party services is governed by their terms and privacy policies.

12. Beta Features and Experimental Tools

We may offer experimental or beta features. These are provided “as is” without any warranties and may be modified or discontinued at any time. Your use of beta features is voluntary and at your own risk.

13. Termination

  • By you: You may stop using the Services at any time and, if applicable, cancel your Membership as described in Section 3.
  • By CardioX: We may suspend or terminate your access if you violate these Terms or engage in fraudulent, abusive, or harmful behavior. We may also discontinue some or all Services at any time, with reasonable notice where required by law.
  • Effect of termination:Upon termination, your right to use the Services will cease. Sections that by their nature should survive termination (e.g., intellectual property, disclaimers, limitation of liability, arbitration) will remain in effect.

14. Disclaimers

THE SERVICES AND ANY INFORMATION OR INSIGHTS PROVIDED ARE OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. CARDIOX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARDIOX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, OR GOODWILL; OR SERVICE INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO CARDIOX FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED DOLLARS (US $100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification

You agree to indemnify, defend, and hold harmless CardioX and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; or (c) your violation of any law or third-party right.

17. Dispute Resolution, Binding Arbitration, and Class Action Waiver (U.S. Users)

Please read this section carefully. It affects your rights.

  • Informal dispute resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us at hello@cardiox.com. If we cannot resolve it within 30 days, either party may proceed to arbitration (or small claims court as allowed below).
  • Class action waiver: You and CardioX agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
  • Opt-out: You may opt out of this arbitration agreement by sending written notice to hello@cardiox.com within 30 days of your first acceptance of these Terms. If you opt out, you will retain your right to sue in court.
  • Governing law for arbitration: The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement.

If arbitration is found not to apply, you and CardioX agree to submit to the exclusive jurisdiction of the state and federal courts located in Floridaand waive any objection to venue or forum non conveniens.

18. Governing Law

Except to the extent preempted by U.S. federal law (such as the FAA), these Terms and your use of the Services are governed by the laws of the State of Florida, without regard to conflict of laws principles.

19. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will provide notice (e.g., via the Services or email) and update the “Last updated” date at the top. Unless otherwise stated, changes take effect when posted. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

20. Miscellaneous

  • Severability: If any provision of these Terms is found unenforceable, the remainder will remain in effect.
  • No waiver: Failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment: You may not assign or transfer these Terms or your rights hereunder. We may assign our rights and obligations without restriction.
  • Entire agreement: These Terms, together with any policies incorporated by reference (including our Privacy Policy), constitute the entire agreement between you and CardioX regarding the Services and supersede any prior or contemporaneous agreements.

21. Contact Us

Questions about these Terms? Contact us at:

CardioX, Inc. Attn: Legal / Terms of Use

Email: hello@cardiox.com

Thank you for using CardioX.