Terms of Use
1. Acceptance of These Terms
These Terms of Use ("Terms") are an agreement between you and HF Daily, Inc. ("HF Daily," "we," "us," or "our"), an Illinois corporation. They govern your use of the HF Daily mobile application (the "App") and our website at hf-daily.com (the "Website," and together with the App, the "Services"). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. About HF Daily
HF Daily is a heart failure self-management and symptom-tracking application. You can record your weight, blood pressure, symptom check-in responses, care-team contact information, reminder preferences, and check-in history. A short daily check-in asks how your breathlessness, difficulty breathing while lying down, and swelling compare to your usual condition. Based on predetermined rules, the App displays one of three general results: continue your usual plan, watch and recheck, or consider contacting your care team.
The App is designed to help you keep track of your own information and support conversations with your own care team. The App does not currently use accounts, logins, or passwords, and there are no payments or subscriptions. The health entries you type into the App, such as symptom responses, weight and blood pressure values, and care-team contact details, are stored locally on your device. HF Daily does not receive or remotely store those entries unless you choose to send them to us, for example in a screenshot, email, recording, or support message. The App does send HF Daily limited app usage and technical information, such as whether the App is opened, whether check-ins are started or completed, app version and platform, and restricted technical error labels, as described in our Privacy Policy. Device or operating-system backups may operate according to your device settings, as described in our Privacy Policy.
3. Not Medical Advice; Not for Emergencies
This section is important. Please read it carefully.
HF Daily provides general self-management and record-keeping support. HF Daily does not provide medical advice, diagnosis, treatment, or emergency response, and does not prescribe medication or changes to medication. The Services are not a substitute for professional medical advice or for your existing care plan.
No clinician or HF Daily personnel routinely monitors your entries through the App. HF Daily's collection of limited app analytics or event data does not mean that HF Daily or any clinician monitors your health or reviews your check-ins. The App does not automatically contact your doctor, nurse, caregiver, emergency services, or anyone else.
The App's results are based only on the information you enter and on predetermined rules. Results may be unavailable, delayed, incomplete, inaccurate, or wrong. The App may fail to identify worsening symptoms or deterioration, and it may display a result that is not appropriate for your actual medical condition. Do not rely on the App as your sole basis for medical decisions, and do not ignore symptoms, delay seeking medical care, or disregard professional medical advice because of anything shown in the App.
Follow your existing care plan and the instructions of your healthcare professionals. Contact your healthcare provider with medical questions or concerns. If you think you may be experiencing a medical emergency, call 911 or your local emergency number, or seek urgent medical help immediately.
4. Your Responsibilities
When using the Services, you are responsible for:
- entering accurate and complete information;
- deciding whether and how to act on the App's general prompts;
- contacting your care team when appropriate;
- seeking emergency care when appropriate;
- following your existing medical care plan;
- maintaining the security of your own device; and
- not using the App as your sole source of medical decision-making.
5. Age Requirement
You must be at least 18 years old to use the Services. By using the App or the Website, you represent that you are at least 18. HF Daily does not knowingly allow minors to use the Services.
6. Privacy
Our Privacy Policy explains how HF Daily handles information in connection with the App and the Website. The Privacy Policy is available at hf-daily.com/privacy and is incorporated into these Terms by reference where appropriate. Please review it.
7. License and Intellectual Property
HF Daily grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes in accordance with these Terms.
The Services, including their text, graphics, logos, images, software, design, and other content, are the property of HF Daily or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited license above, these Terms do not grant you any rights in the Services or their content. You may not copy, modify, distribute, sell, or create derivative works from the Services or their content without our written permission.
8. Acceptable Use
You agree not to:
- use the Services unlawfully or in violation of these Terms;
- interfere with or disrupt the Services;
- attempt to reverse engineer or access the source code of the App, except where the law permits this notwithstanding these Terms;
- misuse the Services or use them to harm others; or
- submit false, harmful, infringing, or unlawful content to HF Daily.
9. Communications
HF Daily may communicate with you by email, through the App, or through the Website for operational purposes, such as onboarding, support, surveys, feedback, notices, and changes to these Terms. You agree that these electronic communications satisfy any legal requirement that communications be in writing.
10. Third-Party Links and Services
If the App or the Website contains links to third-party websites or resources, those third parties are not under HF Daily's control, and HF Daily is not responsible for their content or services. Any use of third-party services is at your own risk and may be subject to their own terms.
11. Changes to the Services
HF Daily may change, add, or remove features of the Services over time and may introduce new features or services. Additional terms may apply to new features. HF Daily may also suspend or discontinue all or part of the Services.
12. Disclaimer of Warranties
The Services are provided "as is" and "as available."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HF DAILY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, AND SUITABILITY FOR ANY MEDICAL OR HEALTH-RELATED PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HF DAILY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES.
This applies to claims arising from: your use of or inability to use the Services; reliance on App results; incorrect, incomplete, delayed, or missing results; errors or omissions in information you enter; any failure of the App to identify potential deterioration; any failure to contact a healthcare provider or emergency services; data loss; device issues; service interruptions or failures of our backend or analytics systems; unauthorized access not caused by HF Daily's own misconduct; support communications; and third-party services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HF DAILY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID HF DAILY FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR $100.
Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.
14. Indemnification
You agree to indemnify and hold harmless HF Daily and its officers, directors, employees, and agents from claims, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services, your violation of these Terms or applicable law, your infringement or misuse of third-party rights, or information you voluntarily submit to HF Daily.
15. Termination
You may stop using the Services at any time. HF Daily may suspend or terminate your access to the Services if you violate these Terms, if misuse is suspected, or if the Services are discontinued. Sections of these Terms that by their nature should survive termination will survive, including the disclaimers, limitation of liability, indemnification, and governing law provisions.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. To the extent permitted by applicable law, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the jurisdiction and venue of those courts. Nothing in this section limits any rights you may have under applicable consumer protection laws.
17. Changes to These Terms
HF Daily may update these Terms from time to time, for example to reflect changes to the Services, our practices, or the law. When we update these Terms, we will update the revision date at the top. For material changes, we will provide notice through the App, the Website, or by email where appropriate. If you continue to use the Services after updated Terms take effect and after we have provided notice of material changes, the updated Terms will apply.
18. Miscellaneous
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect. These Terms, together with the Privacy Policy, are the entire agreement between you and HF Daily regarding the Services. HF Daily's failure to enforce a provision is not a waiver of it. These Terms do not create any joint venture, partnership, employment, or agency relationship between you and HF Daily.
19. Contact Us
If you have questions or comments about these Terms, please contact us at:
HF Daily, Inc.
Chicago, Illinois
Email: will@hf-daily.com
