2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Vagus Health Ltd (“we” “us” or “our”), a company registered in England and Wales. Our company registration number is 11101252 and our registered office I at St Johns Innovation Centre, Cowley Rd, Cambridge, CB4 0WS, United Kingdom.
2.2. How to contact us. You can contact us by writing to us at our registered office or emailing us at firstname.lastname@example.org.
3. HOW WE MAY USE YOUR PERSONAL INFORMATION
3.1. When you create an Vagus Health Account. To set up an Vagus Health Account with the Vagus Health application or place an Order for the Product, you will need to provide us with certain information including your name, email address, address, birth year, birth month and gender (together the “Required Information”). We will use the Required Information to create your Vagus Health Account and to provide you with our Products and services.
3.2. To complete the creation of your Vagus Health Account, we may share your personal information with our subcontractors who are involved in the application process, such as payment providers, as well as credit reference agencies who we use to assess fraud, credit and/or security risks.
3.3. We need to process your personal information in this way to enter into and perform our obligations under our contract with you – i.e. to register your Vagus Health Account and to provide our products and ongoing services to you. Failure to provide the Required Information will prevent us from providing you with an Vagus Health Account – which will prevent us from providing our Products and services to you.
3.4. When you purchase products from our website. When you purchase a Product from our website, we will use your personal information to complete your purchase. The details we collect from you will include your name, address, email address, phone number and payment details.
3.5. To complete your purchase, we may share your personal information with our subcontractors who are involved in the purchase and delivery process (including the onward delivery of your ECG recording for analysis), such as payment providers and postal or courier service providers.
3.6. We need to process your personal information in this way to enter into and perform the contract for the item you have purchased from us.
3.7. Your ECG, your ECG smartwatch data and our user data bank. During the order process, we will ask you to consent to: a) receipt of a sample of your ECG for the purposes of producing your biosignal data; b) the analysis of that ECG as set out in our Terms of Service, available at https://vagus.co/ToS.pdf, which includes sending the sample to our processing servers in EU, or the U.S.; c) storage of your ECG recording for future anonymous testing; and d) eventual destruction of the ECG recording.
3.8. We will only do these things on the basis of your consent. You can withdraw this consent at any time by revoking your user consent in the Vagus Health smartphone application. When you have revoked the consent and you have confirmed it in writing by email/letter – then we will delete user data that which has not or can not be anonymised. However, if you withdraw that consent then we will no longer be able to provide you with access to your bio signal data.
3.9. Your bio signal data will then be re-anonymised and form part of our bio signal data bank. This bank of anonymous information allows us to enhance our Products and bio signal analysis services. At no time will any third party have access to your personal data or any other information which may identify you unless we ask your explicit consent to share your information.
3.10. When you email or phone us. When you contact us by email or phone with general queries, we may also handle your personal information (your name, contact details and the other details you provide to us) in order to provide the customer services you have asked us to. This could be when you ask us to provide more information about our products or services, or explain how our products work.
3.11. We rely on your consent to handle your personal information in this way. If you do not provide us with the personal information we request from you for customer services purposes, we may not be able to fully answer your queries.
3.12. When you have expressed an interest in our products or services. This section applies if you have opted in to receive marketing communications from us.
3.13. We will handle your personal information (such as your name, email address, postal address, telephone number and preferences) to provide you with marketing communications in line with any preferences you have told us about.
3.14. When we send you marketing emails because you have opted-in to receive them, we rely on your consent to contact you for marketing purposes.
3.15. If you have not opted-in and we send you marketing emails, we do this because of our legitimate interest to promote the success of our business.
3.16. Every email we send to you for marketing purposes will also contain instructions on how to unsubscribe from receiving them.
3.17. You are not under any obligation to provide us with your personal data for marketing purposes.
3.18. You can tell us that you do not want your personal information to be processed in this way at any time by using the relevant user account settings for approvals, where relevant, by following the unsubscribe link shown in every marketing communication you receive from us.
3.19. To improve our website, Products and the services that we provide to you and other customers. In order to enhance and develop the uses of our Products and the information that we are able to provide to you and our other customers, you may also be asked to provide additional information including, but not limited to, details of your, ethnicity, personal health and family health history and other health-related information (“Additional Information”). Additional Information may be requested during the Vagus Health Account registration, the order process, throughout the analysis, during the change of information with the automated smartwatch app bot, smartwatch collected data which you have agreed to share with us, user service person in the app or after the personal bio signal data has been provided. Failure to supply any Additional Information may limit the information, analysis and diagnostics that we are able to provide to you.
3.20. Where we process any Additional Information relating to your health (“Health Data”), we will only do so on the basis of your consent, which we will obtain at the time that you provide your Health Data. We will not share your Health Data with any third party in a way that it can be linked back to you, but we may anonymise it and combine it with other anonymised information relating to you, in accordance with paragraph 8.7 below).
3.21. Our use of your information in this way means that your experience of our site and our Products and services will be more tailored to you, and that the information that you see on our site may differ from someone accessing the same site with a different history or browsing habits.
3.22. We may also share your aggregated, anonymous data with third party analytics and search engine providers that assist us in the improvement and optimisation of our site. 3.23. We will also use your personal information for the purposes of making our site more secure, and to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
3.24. We process your data for this reason because we have a legitimate interest to provide you with the best experience we can, and to ensure that our site is kept secure.
3.25. You can prevent us from using your personal information in this way by using the 'do not track' functionality in your internet browser. If you enable do not track functionality, our site may be less tailored to your needs and preferences.
3.26. If our business is sold. We will transfer your personal information to a third party: a) if we sell or buy any business or assets, we will provide your personal information to the seller or buyer (but only to the extent we need to, and always in accordance with data protection legislation); or b) if Vagus Health Ltd or the majority of its assets are acquired by somebody else, in which case the personal information held by us will be transferred to the buyer.
3.27. We process your personal information for this purpose because we have a legitimate interest to ensure our business can be continued by the buyer. If you object to our use of your personal information in this way, the relevant seller or buyer of our business may not be able to provide services to you.
3.28. To comply with a legal obligation. In some circumstances we may also need to share your personal information if we are under a duty to disclose or share it to comply with a legal obligation.
3.29. Anonymisation of personal data. All requested information will be either necessary or aid the delivery and production of the Products and our services. We will anonymise all of the information that you provide before sharing it with third parties or making it available to our other customers (see section 16.4 of our Terms of Service, available at www.vagus.co. Data sent to our processing centre for biosignal analysis may be anonymised and we will never share your personal data or any other information you provide to us which may identify you.
4. WHAT ABOUT TECHNICAL INFORMATION AND ANALYTICS?
4.1. Information we collect about you. When you visit our site we will automatically collect the following information: a) technical information, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, screen resolution, operating system and platform; and b) information about your visit, including the full Uniform Resource Locators, clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
4.2. Information we receive from other sources: We are also working closely with third party advertising networks, analytics providers, hosting providers and search information providers from whom we may also receive general aggregated anonymous information about you.
4.3. We will combine the information you provide to us with information we collect about you.
5.2. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. We only use (and store) non-essential cookies on your computer's browser or hard drive if you provide your consent.
5.3. We currently use the following cookies on our site:
5.5. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
5.6. Except for essential cookies, all cookies will expire after 2 years.
6. INFORMATION STORAGE
6.1. Information that you provide to us is mainly stored in EU based cloud servers on our own secure machines or those of our third party data storage providers in the EEA unless the user countries and local laws specifically prohibit such storage in the EU.
6.2. Where you are a customer of Vagus Health, we will retain your data for a period of 5 years, to ensure that we are able to assist you should you have any questions, feedback or issues in connection with your Vagus Health Account, our Products or if any legal issues arise.
6.3. Where we have used your personal information to contact you for marketing communications, if you have opted-in: a) we will contact you at least every 2 years to ensure you are happy to continue receiving electronic communications from us.
6.4. If you tell us that you no longer wish to receive marketing communications from us, we promise to stop sending them to you.
6.5. Where we have processed your data for any other reason (such as where you have contacted us with a a general support question) we will retain your data for 2 years.
6.6. Otherwise, we will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or legal requirements
6.7. To determine the appropriate retention period for the personal information we hold, we consider the amount, nature and sensitivity of the personal information, the risk of harm from unauthorised use or disclosure of your personal information, the reasons why we handle your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
6.8. When we anonymise your personal data (including User Health Data) so that it can no longer be associated with you, we may use this information indefinitely without further notice to you.
7. WHAT ARE MY RIGHTS UNDER DATA PROTECTION LAWS?
7.1. You have various rights under the data protection laws, which you can exercise by contacting us. The easiest way to do this is by email at email@example.com.
7.2. Right of access. You are entitled receive confirmation as to whether your personal information is being processed by us, as well as various other information relating to our use of your personal information.
7.3. You also have the right to access your personal information which we are handling.
7.4. Right to rectification. You have the right to require us to rectify any inaccurate personal information we hold about you. You also have the right to have incomplete personal information we hold about you completed, by providing a supplementary statement to us.
7.5. Right to restriction. You can restrict our processing of your personal information where: a) you think we hold inaccurate personal information about you; b) our handling of your personal information breaks the law, but you do not want us to delete it; c) we no longer need to process your personal information, but you want us to keep it for legal reasons; or d) where we are handling your personal information because we have a legitimate interest (as described in the "How We Use Your Data" section above, and are in the process of objecting to this use of your personal information.
7.6. Where you exercise your right to restrict us from using your personal information, we will then only process your personal information when you agree, except for storage purposes and to handle legal claims.
7.7. Right to data portability. You have the right to receive your personal information in a structured, standard machine readable format and to send this to another organisation controlling your personal information.
7.8. This right only applies to your personal information we are handling because you consented to us using it or because there is a contract in place between us.
7.9. Right to object. You have the right to object to us handling your personal information when: a) we are handling your personal information based on our legitimate interests (as described in the "How do you use my data" section above). If you ask us to stop handling your personal information in this way, we will stop unless we can show you that we have compelling grounds as to why our use of your personal information should continue; or b) for marketing purposes. If you ask us to stop handling your personal information on this basis, we will stop.
7.10. Right to erasure. You have the right to require us to erase your personal information which we are handling in the following circumstances: a) where we no longer need to use your personal information for the reasons we told you we collected it for; b) where we needed your consent to use your personal information, you have withdrawn your consent and there is no other lawful way we can continue to use your personal information; c) when you object to our use of your personal information and we have no compelling reason to carry on handling it; d) if our handling of your personal information has broken the law; and e) when we must erase your personal information to comply with a law we are subject to.
7.11. Right to complain. You have the right to lodge a complaint with the Information Commissioner's Office, the supervisory authority for data protection issues in England and Wales.
7.12 Vagus Health Ltd is compliant with the EU General Data Protection Regulation (GDPR), similar types of rules and regulations in the USA and other main user’s groups countries.
8. VAGUS NON FUNGIBLE TOKEN (V-NFT)
8.1 These data ownership rights, rights to delete and acccess rights to the data are amended in the case that you in writing inform us that you have decided to accept the creation of Vagus Non Fungible Tokens (V-NFT) from the data collected by you and analysed by Vagus Health Ltd.
8.2 The terms of the non-fungible token, its data ownership and other terms are described in www.vagusnft.com
9.WHAT ABOUT WEBSITES WE LINK TO?
8.1. Our site may, from time to time, contain links to and from the websites of our partner networks and affiliates.
8.2. Our site connects you to different websites. If you follow a link to any of these websites or use our services, please note that you have left our site and these websites have their own privacy policies.
8.3. We do not accept any responsibility or liability for these policies or websites. Please check their policies before you submit any personal information to these websites.
10. HOW DO I CONTACT YOU WITH FEEDBACK?
TERMS OF SERVICE
1 These terms
1.1. What these terms cover. These are the terms and conditions (“Terms”) on which we supply our products (“Products”) to you, whether these are goods, services or digital content. Please read these terms carefully before you submit your order to us. Full details of our Products are set out on our website at www.vagus.co (“Website”).
2 Information about us
2.1. Who we are. We are Vagus Health Limited (“we” “us” or “our”) a company registered in England and Wales. Our company registration number is 11101252 and our registered office is at St Johns Innovation Centre, Cowley Rd, Cambridge, CB4 0WS, United Kingdom.
2.2. How to contact us. You can contact us by writing to us at our registered office or emailing us at info@vagus.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order or through your Vagus Health Account.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and notices posted on our Website or through your Vagus Health Smartphone application (Android or IOS).
3 Our products
3.1 Our Products are not medical devices or provide medical diagnostics.
3.2 Our Products are called; Breathe Flow (BF, app for 3rd party smartwatches), Vagus Health Smartwatch Application (VHSA), Vagus ECG Watch (VW), Vagus ECG for Apple Watch, Breathe ECG for Apple Watch, Vagus ECG Quick Test, Vagus Stimulation Device (VSD) and Vagus Health Diagnostics Services (VHDS) which provides the personal health data and analysis through the analysis of electrocardiogram, smartwatch sensor data, smartphone sensor data and data provided by the user in user notes, questionnaires or so-called ‘smart-bot’ AI -based discussions & inquiries.
In accordance with GDPR, without your permission or instruction, we do not provide personal information for third parties. You should not treat our Products as medical- devices, diagnosis or a diagnostic tool unless you do not order in writing such service and it is not so specifically mentioned in our analysis and feedback to you. Our results are not clinically verified as medical data and any concerns you have after receiving your personal bio signal data and their analysis should be discussed with a health care professional if you want a medical diagnosis. We strongly recommend using for instance a medical professional cardiologist for any ECG medical diagnostics and cardiac health issues that you may have. We do not take any responsibility for any changes you make to your health behaviours based on the ECG- and bio signal data or analysis we provide, and it is your responsibility to discuss any possible changes with a health care professional.
Vagus ECG Watch Application: the application is comprised of three main components that are provided to you in accordance with these Terms:
a) Vagus ECG smartwatch. Collecting bio signal data and ECG recordings with the VW is the main source of data for our health analysis. Following your order of the watch, we will send you an Vagus ECG Watch Vagus ECG smartwatch. When you receive your Vagus ECG smartwatch read the instructions carefully. You must record bio signals in accordance with those instructions, using the Vagus ECG smartwatch.
The Vagus Health Application will collect with wireless transmission the Vagus ECG smartwatch bio signal data from you and further transfer the data to our processing server location. The Vagus ECG smartwatches and applications are labelled with unique identifiers that allow us to match your recorded information you provide us.
Vagus Health Account(see below).
c) Personal ECG data. The results of your ECG analysis will then be provided to you on the Vagus Health Smartwatch Application, through your Vagus Health Account (see section 7 below). Your personal bio signal and ECG data will provide both as data points and graphical presentation. The ECG raw data and graphical data presentation can be downloaded to your designated email when so instructed in the application.
Applications for 3rd party smartwatches such as Apple Watch, Samsung Galaxy smartwatches, Withings watches and Google watches. The application is comprised of following main components that are provided to you in accordance with these Terms: 3.3 3rd party smartwatch apps; ‘Breathe Flow’, ‘Vagus ECG’ and ‘Breathe ECG’.
Collecting bio signal data and ECG recordings with the 3rd party watches is the main source of data for our health analysis. Users record bio signals in accordance 3rd party watch ECG instructions. The app may be subject to payment with single fee or monthly subscriptions.
The application will collect with wireless transmission of the ECG smartwatch bio signal data from you and further transfer the data to Vagus Health processing server location. The smartwatches and applications are labelled with unique identifiers that allow us to match your recorded information which users provide us.
3.3.1. Acknowledgement: Vagus Health and the You (End-User) must acknowledge that the this terms is concluded between Vagus Health and the End-User only, and not with Apple, Samsung, Withings or Google and Vagus Health, not the aforementioned companies, is solely responsible for the Licensed Application and the content thereof. The EULA (Apple licensed application end user agreement) may not provide for usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date (which Vagus Health acknowledge Vagus Health have had the opportunity to review). Similar terms apply for Samsung, Withings and Google watches.
3.3.2. Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3.3.3. Maintenance and Support: Vagus Health is responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Vagus Health and the End-User must acknowledge that Apple or other 3rdparty watch manufacturers has no obligation whatsoever to furnish any maintenance and support services with respect to Vagus Health Licensed Application.
3.3.4. Warranty: Vagus Health is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vagus Health sole responsibility.
3.3.5. Product Claims: Vagus Health and the End-User must acknowledge that Vagus Health, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Vagus Health Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit Vagus Health liability to the End-User beyond what is permitted by applicable law.
3.3.6. Intellectual Property Rights: Vagus Health and the End-User must acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Vagus Health, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
3.3.7. Legal Compliance: The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
3.3.8. Third Party Terms of Agreement: Vagus Health and End-User comply with applicable third party terms of agreement when using Vagus Health Application, e.g., if Vagus Health have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Vagus Health Application.
3.3.9. Third Party Beneficiary: Vagus Health and the End-User must acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third-party beneficiary thereof.
b) Personal Health data. The results of your ECG and other health data collected by 3rd party watches and services such as Apple Watch and Apple Health will be processed in the Vagus Health secure cloud through your Vagus Health Account (see section 7 below). Your personal bio signal and ECG data will provide both as data points and graphical presentation. The ECG raw data and graphical data presentation can be downloaded to your designated email when so instructed in the application.
3.4 Your ECG and watch feedback analysis or information may contain inaccuracies. We provide information based on current ECG best practice and research methods at the time of delivering the Product. However, due to the advances in research methods, potential issues with the recordings you provide and other factors outside of our control, the ECG and bio signal analysis may contain inaccuracies. We will not be responsible for any inaccuracies or deficiencies in your personal data for any reason which is outside its control.
3.5 Vagus ECG Watch Data Bank. By comparing your personal ECG data with the anonymous data of other Vagus ECG Application users, we are able to provide you a comparative understanding of your health. After we provide you with your bio signal recordings and personal ECG data, your data will be anonymised and included in Vagus ECG Watch’s General Data Bank for this purpose. For more information on how we use, store and anonymise your data, see section 16.
3.6 Vagus ECG standard of accuracy. If the recording of the ECG test and/or other bio signal data is not precise enough, we may not be able to provide you with your general analysis, ECG analysis and data. If this is caused by your error, (e.g. the watch is damaged, contamination, not following recording instructions etc.), we may not be able to give you a proper analysis. If we are repeatedly not able to make proper analysis, you may at any time cancel the recurring analysis contract Very occasionally, ECG testing and bio signal collection may result in data that is uninterpretable or incorrect despite the recording and testing conditions being to normal ECG Watch’s acceptable standard. You accept that this is a possibility and you may at any time cancel the recurring analysis contract and receive compensation for the period when we could not analyse your data.
3.8 These data ownership rights include the anonymised data storage concept called ‘Vagus Non-Fungible Tokens (V-NFT)’ from all data collected and analysed by Vagus Health Ltd and Vagus AG. The terms of the non-fungible token, its data ownership and other terms are described in www.vagusnft.com
4 Our contract with you
4.1. Eligibility. You may only place an order of our Products (an “Order”) if you are
18 years of age or older. By placing an Order you confirm that you are at least 18 years old and that the ECG test and bio signal data you record and provide is your own.
4.2. We keep the right to not sell or deliver to certain countries.
Our Products are available in many countries but we may restrict deliveries to certain countries. We do not provide a list of countries where we deliver/not deliver but users may be informed of this when placing a order in our site shop.
4.3. Placing an Order. To place an Order, you must follow the steps as described on the Website and any instructions that we communicate to you. Please note, however, that we are not obliged to accept your Order (see sections 4.4 and 4.5 below).
4.4. How we will accept your Order. Our acceptance of your Order will take place on the website e-commerce shop, Amazon, by email or when we contact you (by email, through your Vagus Health Account, or otherwise). At this point a contract will come into existence between you and us, incorporating these Terms.
4.5. If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for the Order. This might be because we are at capacity of the number of products we can deal with in a given period, because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of an unforeseen technical failure by our software or software server companies, because we do not believe you to be eligible for the Products or are attempting to order the Products on behalf of someone else, because we have identified an error in the price or description of the Product, or because we are unable to meet a delivery deadline you have specified.
4.6. You not following instructions. We will not be responsible for any failure by you to properly use the Products, follow any other steps communicated to you necessary to place or complete an Order, analysis of your health data or future health interventions by our Products.
5 Payments, costs
5.1. Where to find the price for the Product. If the product is provided at a cost, the price of our Products will be the price indicated to you when you place your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see section 5.3 for what happens if we discover an error in the price of an Order. 5.2. When you must pay and how you must pay. The payment method will be displayed on the Website, your Vagus Health Account on the app and during the order process. You must pay for all Products, including recurring monthly payments if so ordered, ECG analysis and personal health data analysis.
5.3. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
6 Providing products
6.1. When we will provide the Products.
a) ECG smartwatch: We will deliver the Vagus ECG Watch Vagus ECG smartwatch as soon as reasonably possible and at a time shown in the e-commerce shop. If we expect delivery to be outside this window we will contact you to discuss a later delivery date. You may end your contract with us if you do not agree to a delivery date outside of a 45 day delay delivery period (see section 11 below). If you use Apple Watch for the Vagus Health services, then the hardware, watch delivery, guarantees etc are the responsibility of Apple.
b) 3rd party ECG and smartwatch data analysis: After downloading the Vagsu Health apps and conducting a VAGUS ECG test, together with other enabled data collection modes of biosignals and personal health data.
c) Personal user data, ECG recording and bio signal data: You will then be provided with your personal health data analysis which you can access through the Vagus Health application (Android or IOS) We will use reasonable endeavours to make your personal ECG analysis/diagnostics available as soon as possible and will notify when it is available. We expect your personal ECG data to be available through the Vagus Health smart -phone application withing seconds from finishing the recording. However, you acknowledge that due to the analytics process and scientific nature of the ECG analysis, delivery time may exceed this timeframe. If we expect the delivery time to be greater, the application should notify you of the delays.
6.2 We are not responsible for delays outside our control. If our supply of the Vagus ECG smartwatch or personal ECG data analysis (or another Product or part of a Product) may be delayed by an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Product you have paid for but not received.
6.3 Reasons we may suspend the supply of Products to you. We have the right to suspend services and products to you if:
a) We make minor technical changes in our data processing centre or with the supply of digital content;
b) We deal with technical problems that may be affecting your wireless transfer of data, access to the server, your Vagus Health Account or application;
c) We update any components of the Product to reflect changes in relevant laws and regulatory requirements;
d) WE make changes to the Product as notified by us to you (see section 10).
e) You use the products or act unethically, or in contradiction with laws and moral principles of United Kingdom or the country you are situated in.
f) You are have multiple invididual user accounts for the same apps and services with the purpose of achieving a financial- or service benefit.
6.4. Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product (or any part of it) unless the problem is urgent or an emergency.
a) If provision are suspended for longer than 8 weeks from the estimated time of delivery, you will be entitled to a full refund;
b) If data collection from 3rd party smartwatches are suspended for longer than 8 weeks, you will be entitled to a full refund;
c) If access to your personal ECG data and analysis is suspended for longer than 8 weeks, you will be entitled to a full refund.
d) If you are in violation of 6.3 e) and f).
a) Please note that the provisions of this section do not apply if we end the contract with you or suspend or terminate your Vagus Health Account or access to the Vagus Health smartphone application because you are in breach of the Terms.
7 The account
7.1. Registering an Vagus Health Account. In order to be able to place an order and access your personal ECG data and certain other Vagus ECG Watch content, you need to register on our Website for an account with us (your “Vagus Health Account”).
7.2. Account Details. To register for an Vagus Health Account, you will need to provide us with certain information including your username, password and billing information (your “Account Details”).
7.3. Once registered, your Vagus Health Accounts for use by you only. You are not permitted you to share your Vagus Health Account Details with any other person.
7.4. You are responsible for ensuring your Account Details are kept up to date and accurate at all times, and to ensure that they are kept securely. You will be responsible for all activity on your Vagus Health Account including any charges that are incurred. You must notify us immediately if you become aware that your Account Details are incorrect or if there has been any unauthorised use of your password or Vagus Health Account.
7.5. Communications. By registering an Vagus Health Account, you agree that you are happy to receive communications from us by email in relation to your Vagus Health Account or any orders you have placed through your Vagus Health Account. We may communicate with you by telephone, email or by posting notices on our Website.
7.6. Access to your Vagus Health Account. We will work to ensure that the Website, your Vagus Health Account and the Vagus Health smartphone application are available 24 hours a day. However, we may need to suspend access to your Vagus Health Account for maintenance from time to time (see section 6.6).
8 Termination of your account
8.1. We reserve the right to suspend or terminate your Vagus Health Account and deny you access to the Website and any Vagus ECG Watch digital content at any time at our sole discretion and for any reason including, but not limited to, if you are in breach of these Terms.
8.2. If we suspend or terminate your Vagus Health Account because you are in breach of these Terms, you may not open another Vagus Health Account.
8.3. You may terminate your Vagus Health Accountat any time by emailing us at firstname.lastname@example.org(see section 11 below). Terminating your Vagus ECG Watch Account immediately ends your contract with us. You may not access your personal ECG data through our Website after terminating your Vagus Health Account.
8.4. Any obligations or liabilities that have arisen or been incurred before the suspension or termination of your Vagus Health Account (including, but not exclusively, your obligation to pay any charges incurred) shall continue and remain enforceable despite such suspension or termination.
8.5. For information on how we may use your personal information after your Vagus Health Account has been suspended or terminated, see section 16.
If you wish to make a change to your order please contact us. We will let you know if the change is possible.
10 Rights to Changes
10.1. Products may vary slightly from their pictures and descriptions. Due to the changing nature of scientific research and new developments in ECG or other bio signal / data analysis, our Products may change from time to time. Although we have made every effort to ensure the Products are accurately represented on our website and application, you accept that the Products you receive may vary slightly from those images or descriptions.
10.2. Minor changes to the Products. We may change the Products:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements, for example to our ECG testing process.
10.3. More significant changes to the Products and these Terms. The way we provide the Products and present your personal ECG data may change due to advances in ECG research, technology or other changes in science. We reserve the right to make changes to our Products, as detailed on our Website, your Vagus Health Account, the 3rd party smartwatch application or in these Terms, from time to time. Where we reasonably consider that the proposed changes to the Product or these Terms to be significant, we will notify you in advance of making any changes. You may cancel the contract with us due to significant changes to the Products and these Terms (see section 12 below).
10.4. Updates to digital content platform. In order to view your personal ECG data or access your Vagus Health Account or the 3rd party smartwatch collected data, you may have to update your digital content platf