Terms and Conditions

Acceptance of the Terms of Use

These terms of use are entered into by and between you and HEARTHERO, INC. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://www.hearthero.com/, including any content, functionality, and services offered on or through https://www.hearthero.com/ (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.hearthero.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website; and
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as permitted under applicable law or as expressly authorized in writing by the Company.

Trademarks

The Company name, the terms HeartHero, Elliot, Elliot AED, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries, and including medical device regulations).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter, spam, or similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
To attempt to circumvent geographic restrictions or regulatory compliance measures.
To falsify your location or provide false information regarding device shipment or end-use.

The owner of the Website is based in the State of Colorado in the United States. The Elliot AED is a regulated medical device with geographic sales restrictions based on regulatory clearances and approvals. Access to information about the device on this Website does not imply that the device is cleared for sale or use in your jurisdiction.

Sales of the Elliot AED are strictly limited to jurisdictions where applicable regulatory approvals have been obtained. We make no claims that the device is accessible, approved, or appropriate for sale or use outside of such jurisdictions. The device is specifically NOT approved for sale or use in the United States.

If you access the Website from outside the jurisdictions where the Elliot AED is cleared for sale, you do so on your own initiative and are responsible for compliance with local laws, including but not limited to import restrictions, medical device regulations, and customs requirements. The Company expressly disclaims any liability for purchases, importation, or use of the device in jurisdictions where it is not approved.

Medical Device Regulatory Status and Sales RestrictionsImportant Notice Regarding Elliot AED Regulatory Status:

FDA Status: The Elliot AED is NOT cleared or approved by the U.S. Food and Drug Administration (FDA) for sale or use in the United States. The device has received regulatory clearances in certain other jurisdictions, including CE marking under the EU Medical Device Regulation (MDR) and UKCA marking for the United Kingdom.

U.S. PROHIBITION: If you are accessing this Website from the United States, you may NOT purchase, order, or attempt to import the Elliot AED. The device is not legally available for sale or use in the United States. Any purchase attempts from U.S. locations will be refused and cancelled. Attempting to import an unapproved medical device may constitute a violation of federal law.

Permitted Jurisdictions: The Elliot AED may only be purchased by users located in jurisdictions where the device has received applicable regulatory clearances or approvals. It is your responsibility to verify that the device is legally cleared for sale in your jurisdiction before placing an order.

Representations and Warranties: By attempting to purchase any medical device through this Website, you represent and warrant that:

You are located in a jurisdiction where the device is legally cleared for sale;
You will not export, re-export, or import the device into any jurisdiction where it is not cleared for sale or use;
You understand and accept the device's regulatory status in your jurisdiction;
You will comply with all applicable import/export control laws and regulations; and
All information you provide regarding your location is accurate and complete.

Violation of these provisions may result in immediate termination of your account, cancellation of orders without refund, reporting to relevant authorities, and may constitute a violation of federal and international law. The Company reserves the right to refuse service to any person or jurisdiction.

Medical Device Specific Disclaimers and WarningsLIFE-CRITICAL DEVICE WARNING:

The Elliot AED is a life-critical medical device intended for use in sudden cardiac arrest emergencies. Improper use, failure to use, or device malfunction may result in serious injury or death. This Website and its content are NOT substitutes for:

Proper medical device training and certification;
Professional medical advice, diagnosis, or treatment;
Emergency medical services (always call emergency services first);
Reading and following the device's Instructions for Use (IFU) and all safety information; or
Qualified medical professionals and healthcare providers.

Training Requirement: Users of the Elliot AED must receive appropriate training in CPR (Cardiopulmonary Resuscitation), AED operation and use, recognition of cardiac arrest, and emergency response procedures before using the device. The Company strongly recommends certification through recognized organizations such as the American Heart Association, Red Cross, or equivalent organizations in your jurisdiction.

No Medical Advice: Nothing on this Website constitutes medical advice, diagnosis, or treatment. Information provided is for general educational purposes only. Always seek the advice of qualified healthcare professionals with any questions you may have regarding a medical condition or emergency. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

Device Performance Limitations: While the Elliot AED is designed to analyze heart rhythms and deliver electrical shocks when appropriate, NO MEDICAL DEVICE IS 100% EFFECTIVE. The Company makes no guarantees or warranties regarding:

Successful defibrillation or resuscitation;
Patient survival rates or medical outcomes;
Device performance in all environmental conditions or circumstances;
Accuracy of rhythm analysis in all situations; or
Compatibility with all patients or medical conditions.

Emergency Services Requirement: THE ELLIOT AED IS NOT A REPLACEMENT FOR PROFESSIONAL EMERGENCY MEDICAL SERVICES. Always contact emergency services (911 in the United States, 112 in the European Union, or your local emergency number) immediately when cardiac arrest is suspected, before using the AED. Continue to follow emergency dispatcher instructions while using the device.

Approved Use Only: The Elliot AED must only be used in accordance with its approved indications for use as specified in the device labeling and Instructions for Use in the applicable jurisdiction. Any off-label use, modification, tampering, or use inconsistent with the device's Instructions for Use is:

Strictly prohibited;
Not supported or endorsed by the Company;
Undertaken entirely at your own risk;
May void any applicable warranties or support obligations; and
May violate regulatory requirements and applicable law.

Medical Device Data Collection and Use

Event Data Collection: The Elliot AED collects data during use and operation, including ECG (electrocardiogram) recordings, shock delivery information, treatment timelines and metrics, device performance data, self-test results, battery and electrode pad status, and usage logs. By using the device and related services, you acknowledge and agree that:

Event data may be automatically transmitted to HeartHero for safety monitoring, device performance analysis, post-market surveillance, and regulatory compliance purposes;
Such data may be shared with emergency medical services, regulatory authorities, healthcare providers involved in patient care, and as otherwise required or permitted by law;
Data handling is governed by our Privacy Policy and applicable data protection laws including GDPR, HIPAA (where applicable), and other privacy regulations;
In life-threatening emergencies, data may be immediately shared with emergency responders without additional consent to facilitate patient care; and
The Company may retain event data for extended periods as required by medical device regulations and quality management system requirements.

Research and Quality Monitoring: De-identified and aggregated device data may be used for:

Post-market surveillance and safety monitoring as required by regulatory authorities;
Product improvement, quality assurance, and safety analysis;
Clinical research, post-market clinical follow-up (PMCF), and scientific publication;
Regulatory reporting, compliance, and submissions to regulatory authorities; and
Development of treatment algorithms and device performance enhancements.

For complete details on data collection, use, retention, your rights, and how to exercise those rights, please see our Privacy Policy at https://www.hearthero.com/privacy-policy.

Adverse Event Reporting Obligations

Mandatory Reporting: If you experience or become aware of any of the following, you have a legal obligation to report it immediately:

Device malfunction, failure, or unexpected behavior;
Serious injury or death associated with device use or malfunction;
Any event that may pose a risk to users or patients;
Inaccurate rhythm analysis or inappropriate shock delivery;
Software or hardware defects affecting device safety or performance; or
Any near-miss event that could have resulted in serious injury.

Reporting Procedures - You Must Immediately:

1. Report to HeartHero at:

Email: safety@hearthero.com
Address: HeartHero, Inc., 3200 Cherry Creek S Drive Suite 470, Denver, CO 80209, USA

2. Report to applicable regulatory authorities in your jurisdiction:

European Union: Through your national competent authority
United Kingdom: MHRA through the Yellow Card Scheme
Other jurisdictions: Contact your local medical device regulatory authority

Required Information: When reporting an adverse event, please provide:

Device serial number, model number, and software version;
Detailed description of the event or malfunction;
Date, time, and location of occurrence;
Outcome (injury severity, device damage, near-miss, etc.);
Environmental conditions and circumstances of use;
Any unusual device behavior or error messages; and
Your contact information for follow-up.

Preservation of Evidence: If a device malfunction or adverse event occurs, you must preserve the device and all associated materials (electrodes, batteries, packaging, documentation) for investigation. Do not attempt to repair, modify, or dispose of the device. The Company may request return of the device for analysis.

Legal Consequences: Failure to report serious adverse events may constitute a violation of regulatory requirements in your jurisdiction and may result in penalties, fines, or other legal consequences. In some jurisdictions, failure to report is a criminal offense.

Export Control and International Trade Compliance

Medical Device Export Restrictions: Medical devices are subject to strict export control laws and regulations. You agree that you will not:

Export or re-export the Elliot AED to any country, jurisdiction, or territory where it lacks regulatory clearance or approval;
Transfer the device to any prohibited party, sanctioned entity, or listed individual;
Use the device for any purpose prohibited by applicable law or contrary to its approved intended use;
Circumvent any geographic restrictions or sales prohibitions;
Provide false information regarding the device's destination or end-user; or
Facilitate or assist any other party in violating export control laws.

U.S. Export Law Compliance: The Elliot AED and related technology may be subject to U.S. export control regulations even though the device is not sold in the United States. All users must comply with:

Export Administration Regulations (EAR) administered by the U.S. Department of Commerce;
International Traffic in Arms Regulations (ITAR), if applicable;
Sanctions administered by the Office of Foreign Assets Control (OFAC);
Anti-boycott regulations; and
All applicable export and import laws of your jurisdiction.

Sanctions Compliance: You represent and warrant that you are not located in, under the control of, or a national or resident of any country, territory, or jurisdiction subject to comprehensive U.S. embargoes or sanctions, including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine. You further represent that you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals (SDN) List, the Denied Persons List, or the Entity List.

Penalties: Violations of export control laws can result in severe civil and criminal penalties, including substantial fines, imprisonment, loss of export privileges, and debarment from government contracts. The Company will fully cooperate with authorities in investigating any suspected violations.

Device Maintenance, Updates, and Support Obligations

User Maintenance Responsibilities: To ensure proper device function and readiness for emergency use, you must:

Perform regular self-tests as specified in the device Instructions for Use;
Monitor and respond to device status indicators and alerts;
Replace consumable components (electrode pads, batteries) before their expiration dates;
Maintain the device according to manufacturer specifications and recommended maintenance schedules;
Store the device in appropriate environmental conditions as specified in the IFU;
Keep the device clean and free from damage, contamination, or obstruction;
Ensure software and firmware updates are installed as released; and
Maintain adequate network connectivity for cloud-connected features and remote monitoring.

Software and Firmware Updates: The Elliot AED may require periodic software and firmware updates for:

Critical safety improvements and bug fixes;
Regulatory compliance and standard updates;
Performance enhancements and feature additions;
Security patches and vulnerability remediation; and
Cybersecurity threat mitigation.

You agree to install all software updates promptly and in accordance with Company instructions. Failure to install critical safety updates within the specified timeframe may result in device malfunction, reduced effectiveness, or safety hazards. Devices running outdated software may not be eligible for technical support or warranty coverage.

Geographic Support Limitations: Technical support, warranty service, device maintenance, and replacement parts may only be available in jurisdictions where the device is legally cleared for sale. Devices imported into or used in non-approved jurisdictions:

May not be eligible for technical support or customer service;
Will not be covered under warranty;
Cannot receive authorized repairs or service;
May not have access to replacement parts or consumables; and
Will not be supported by Company personnel or authorized service centers.

Unauthorized Modifications: You must not attempt to repair, modify, reverse engineer, disassemble, or tamper with the device, its software, or any of its components. Unauthorized modifications will void all warranties, may create serious safety hazards, and may violate regulatory requirements. Only authorized service personnel may perform device repairs or modifications.

Disclaimer of Warranties

IMPORTANT: This Section Contains Important Limitations on the Company's Liability.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

MEDICAL DEVICE WARRANTIES: THE FOREGOING DISCLAIMERS APPLY TO THE WEBSITE AND SERVICES BUT DO NOT AFFECT ANY EXPRESS LIMITED WARRANTIES PROVIDED WITH THE ELLIOT AED DEVICE ITSELF, WHICH ARE SET FORTH IN SEPARATE WARRANTY DOCUMENTATION PROVIDED WITH THE DEVICE AND ARE SUBJECT TO THEIR OWN TERMS, CONDITIONS, AND LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING CONSUMER PROTECTION LAWS IN YOUR JURISDICTION.

Limitation on Liability

CRITICAL LIMITATION - PLEASE READ CAREFULLY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

ADDITIONAL LIMITATIONS FOR MEDICAL DEVICES:

In addition to the limitations on liability set forth above, and to the maximum extent permitted by applicable law, the Company shall not be liable for:

Medical Outcomes: ANY INJURY, DEATH, OR ADVERSE MEDICAL OUTCOME RESULTING FROM OR RELATED TO:

Use, misuse, or failure to use the Elliot AED;
Failure to seek, delays in obtaining, or reliance on the device instead of professional medical care;
Device malfunction, failure to deliver therapy, or inaccurate rhythm analysis;
User error, lack of training, or improper device operation;
Any decision to use or not use the device in a particular situation;
Environmental conditions, patient conditions, or circumstances beyond the Company's control;
Failure to properly maintain the device or install required updates; or
Use of expired, damaged, or counterfeit electrodes, batteries, or accessories.

Third Party Actions: The Company is not liable for actions, omissions, decisions, or negligence of:

Emergency medical service providers or first responders;
Healthcare professionals, physicians, or medical facilities;
Third-party service providers or repair facilities; or
Device users, operators, or bystanders;
Any third party involved in emergency response or patient care.

Regulatory Actions: The Company is not liable for:

Regulatory enforcement actions, fines, or penalties against users who violate import/export restrictions or use the device in non-approved jurisdictions;
Confiscation, seizure, or forfeiture of devices imported or used illegally;
Criminal or civil penalties resulting from violations of medical device laws;
Customs duties, taxes, or fees associated with international shipments; or
Any consequences of using the device without proper regulatory clearances.

User Responsibilities: IT IS YOUR SOLE RESPONSIBILITY TO:

Verify that the device is legally cleared in your jurisdiction before purchase or use;
Obtain proper training and certification before using the device;
Maintain the device according to manufacturer specifications;
Read and follow all Instructions for Use, warnings, and safety information;
Immediately report device malfunctions or adverse events; and
Comply with all applicable laws and regulations.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, particularly in cases of death or bodily injury caused by our products. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING STRICT PRODUCT LIABILITY LAWS IN YOUR JURISDICTION.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms of Use or any applicable law or regulation;
Your use of the Website, including any User Contributions;
Your use or misuse of the Elliot AED or any information obtained from the Website;
Your purchase, import, export, or use of the Elliot AED in violation of applicable regulatory requirements or geographic restrictions;
Your failure to obtain required regulatory clearances, approvals, or authorizations;
Your violation of export control laws, sanctions, or trade restrictions;
Your use of the device without proper training, certification, or qualifications;
Your failure to report adverse events, malfunctions, or safety concerns as required by law;
Your failure to properly maintain the device or install required updates;
Your modification, tampering, or unauthorized repair of the device;
Your provision of false or misleading information regarding your location, qualifications, or intended use;
Any claim that your use of the device caused or contributed to injury, death, or property damage; or
Your violation of any third party's rights, including intellectual property rights or privacy rights.

This indemnification obligation will survive termination of these Terms of Use and your use of the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Exception for Product Liability Claims: Notwithstanding the foregoing, product liability claims arising from personal injury, death, or property damage allegedly caused by the Elliot AED may be brought in the courts of the jurisdiction where the injury occurred, subject to applicable law and jurisdictional requirements.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Exception: This arbitration provision does not apply to claims for personal injury, wrongful death, or property damage arising from alleged product defects in the Elliot AED, which may be pursued in court. Claims involving regulatory violations or seeking injunctive relief may also be exempt from arbitration.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Important Exception: This one-year limitation period does NOT apply to personal injury, wrongful death, or product liability claims arising from alleged defects in the Elliot AED, which are governed by the applicable statute of limitations in the jurisdiction where the claim arises, which may be longer than one year.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and any Terms of Sale for medical device purchases constitute the sole and entire agreement between you and HeartHero, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by:
HeartHero, Inc.
3200 Cherry Creek S Drive Suite 470
Denver, CO 80209, USA

For general inquiries: info@hearthero.com
For safety and adverse event reporting: safety@hearthero.com
For privacy matters: privacy@hearthero.com

Emergency: In case of a medical emergency, always call your local emergency services number (911 in the United States, 112 in the European Union) immediately. Do not contact the Company for emergency medical assistance.