Terms & Conditions - Frontier Heart Program
The ‘Frontier Heart Program’ (the “Program”) is a technology enabled exercise monitoring program designed by Fourth Frontier Technologies LLC, a Delaware limited liability company, with its registered address at 16192 Coastal Highway, Lewes, Delaware 19958, United States of America, and its place of business in the State of Texas (hereinafter referred to as “Fourth Frontier,” “we,” “our” or “us” for the sake of brevity) to enhance your use of the Frontier X/ X2.
As part of the Program, our team of experts and specialists will bring you personalised recommendations and insights to strengthen and protect your heart, by reviewing and analysing the data recorded on your Frontier X/ X2. The terms & conditions set out below (the “Terms”) apply to your access and use of the Services.
For the purposes of these Terms, the term ‘Services’ includes within its purview:
- the Program;
- Fourth Frontier’s mobile application (the “App”);
- Fourth Frontier’s website (the “Website”);
- all related products (including the Frontier X/ X2) and services that Fourth Frontier provides as part of the Program.
The overall scope of the Program is to create an interactive exercise-based solution designed to engage users and provide meaningful and relevant health information. The Program enables you to gain access to qualified professional experts and specialists from our team to help you understand the data recorded on the Frontier X/ X2 while ensuring that you are performing exercise within reasonably safe limits and therefore, are engaged in a Program that empowers you to gain potential health and fitness benefits from exercise, which may include one or more of the following:
- Improved exercise tolerance
- Strengthening of the heart
- Improved muscular strength
- Lowered triglyceride and cholesterol levels
- Improved blood sugar control in those with diabetes/ impaired glucose tolerance
- Improved blood pressure control in those with high blood pressure
- Better management of symptoms if, there is a previous or existing cardiac disease
- Lowered risk of a future cardiac event
- Facilitation of weight loss
- Improved sleep as a result of exercise within safe limits
- Improved mood and general wellbeing as a consequence of the benefits described above.
As part of the Program, you will be provided with personal instructions regarding the amount of exercise, the intensity of exercise and kind of exercise that you should undertake. Our experts and specialists will monitor performance and evaluate the effort during the course of the Program with the intention to regulate your exercise routine accordingly.
Depending upon your health status, you may or may not be required to have your blood pressure and heart rate evaluated during these sessions.
Based on the progress made during exercise over a specified period of time, experts from our team may adjust your exercise sessions such that they are in consonance with your general health and fitness levels. To promote your safety and derive benefit from this Program, it is imperative that you give priority to regular attendance and adherence to the prescribed intensity, duration, frequency and type of exercise.
You hereby agree and acknowledge that by purchasing, subscribing to, or obtaining, in any manner or form, access to the Services, or accessing the Website, the App or creating a Fourth Frontier Account for the purposes of purchasing, subscribing to, or obtaining the Services, you accept and agree to be bound by the Terms, including any amendments to such Terms. If you are not willing to be or cannot be bound by these Terms then you may not access or use the Services.
These Terms are effective as of 10th December 2022, and any amendments to such terms shall be effective as of the date these Terms are updated to reflect such amended Terms and posted to the Website.
These Terms govern your access and use of the Services and apply to all visitors, users and others who access the Service. The Terms apply to any form of access to the Services including: i. any subscription, purchase, or other form of obtaining the Program or any related products and services either: (a) directly from Fourth Frontier (i.e., through the Website or the App); or (b) through any web or mobile based applications via a reseller;
- any communications regarding the Program and related services via email and telephone; iii. access to your account on the Website or the Application (the “Account”);
- access to information, text, graphics, photos, resources, or other materials appearing in the Program, the App, or the Website, or in any aspect of the Services (the “Content”), including educational Content relevant to your health goals;
- the ability to create, upload, transmit, display, and access User Contributed Data;
- the ability to interact with our experts/ specialists from the Fourth Frontier team (the “Experts”) and other relevant personnel, including our support teams, for the Program;
vii. the ability to request your health information to share with other healthcare providers, friends, or family so that they can understand how you use the Program;
- Your Orders
Fourth Frontier offers the Program and related Services on its Website and App. To order, subscribe to, purchase or obtain the Services from Fourth Frontier, you may do so on our Website. Any order submitted is subject to acceptance from our end. An agreement is concluded upon acceptance by Fourth Frontier by way of an order confirmation of which you will be notified via email. Fourth Frontier reserves the right to reject any order in whole or in part. The Services are subject to payment. The prices for the Services are as indicated on our Website and App. The prices will include any local sales taxes, other taxes, and government levies, if any, associated with the order that you are legally required to pay. Prices are subject to review and change from time to time and Fourth Frontier reserves the right to make these changes but it will not affect any order for the Services made prior to the date of the change. All orders must be paid for through the payment service as made available by Fourth Frontier. In the event that collection through the payment service fails, Fourth Frontier will invoice you by mail for the amount payable, which must be paid by check or credit card within a period of 7 (seven) days from the date of invoice.
- Refund/ Cancellation Policy
The Program and related Services, once purchased or subscribed to, are non-refundable and non-exchangeable. You may request cancellation of your subscription to the Services. However, such cancellation must be completed before the relevant renewal date for such subscription to avoid billing for the subsequent period’s subscription fee. Fourth Frontier may, in some instances, terminate your access to all or any part of the Services with reasonably sufficient cause, by furnishing a written notice 7 (seven) prior to such date of termination. Termination of your access to all or any part of the Services may result in the forfeiture and destruction of certain information associated with your account. Upon termination of your right to use all or any part of our Services all rights granted to you under the Terms for such parts of the Services will immediately terminate. With regards to payments, Fourth Frontier shall not be responsible for any unauthorised and/or fraudulent transactions conducted on the Website using your payment card or internet banking. Fourth Frontier shall not be obligated to refund any money to you in such instances.
- Your usage
Fourth Frontier grants you permission to enrol for the Program, access and use the Services obtained directly from Fourth Frontier or through an authorised reseller in accordance with these Terms. The permission to access and use the Services will be granted to you after the purchase has been duly completed. You are granted a license to use the Content provided to you as part of the Services and as per these terms. This license is nonexclusive and non-transferable and does not include any right to obtain future upgrades, updates or any support or technical assistance relating to the Services, unless Fourth frontier has specifically indicated that obtaining them is an integral part of the Services.
- Consent to Receive Email Communications
As a condition to accessing or using the Program, the App, and certain other aspects of the Services, you must provide us with your email address and any other means of communication to enable the Fourth Frontier team to communicate with you as and when necessary. By participating in the Services, you agree and consent to our communicating with you via email, push notifications, voice calls and other electronic communications that relate to the Services.
- Types of User Contributed Data
Data submitted by You
In connection with your use of the Services, we may receive or collect User Contributed Data from you. For purposes of these Terms, “User Contributed Data” means any content, personal information (including without limitation, your name, contact information, activity/ exercise tracking, food tracking, sleep tracking, health readings, and other personally identifiable information or personal health information), videos, audio clips, written comments, data, text, photographs, software, scripts, questionnaires, informed consents, graphics, works of authorship, or other information, in each case, where supplied by or collected from a user of the Services, including any feedback or suggestions for improvements, enhancements, or error corrections (the “User Contributed Data”).
Data Provided by Frontier X/ X2/X2
In connection with your participation in the Program, you will be using our Frontier X/ X2 device that enables you in monitoring vital physiological data recorded by the device and supplies that information automatically to us. The Frontier X/ X2 is preconfigured to supply information to us and will share information about you and your health without requiring additional authorizations from you. Information that we receive from the Frontier X/ X2 will be deemed to be User Contributed Data. Data Provided by You through Third-party Sources Fourth Frontier may also receive information about you from third parties who have received your information because you subscribe to or otherwise participate in their services or because you use their digital equipment (the “Third-party Data Sources”). For example, we may receive data from digital equipment, such as blood glucose monitors, blood pressure monitors, or activity trackers, that you already possess or that you later acquire on your own and not from us (the “Third-party Health Devices”). If you supply information from Third-party Health Devices to us by manually entering that information through the App or the Website, that information will be considered information from you and therefore, User Contributed Data. If you enable one or more Third-party Health Devices to supply information to us automatically, that information will be considered information from you delivered through your Third-party Data Sources and will also be a User Contributed Data.
You represent and warrant that all User Contributed Data you submit to Fourth Frontier is complete, accurate, and truthful. If such User Contributed Data is being provided by a Third-party Data Source, including at the time of registering or applying for the Program, you represent and warrant that you have reviewed that information and confirmed that it is complete, accurate, and truthful prior to its submission. Failure to keep your information current will constitute a breach of the Terms, which may result in immediate termination of your account. By uploading your User Contributed Data, you retain all rights you may have therein but you hereby grant Fourth Frontier a worldwide, perpetual, irrevocable, nonexclusive, royalty free, transferable license to use, upload, modify, distribute, sublicense, and display such User Contributed Data or links thereto in any form and through any media. Fourth Frontier does not claim any ownership of User Contributed Data.
You affirm and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload the User Contributed Data and to grant Fourth Frontier all the rights granted in these Terms. Further, you shall not alter, distort, or modify the products, App, Website or other Services or any part thereof to analyse them by means of reverse engineering, to decompile or disassemble the products, App, Website or other Services, to make other products derived from it, or to break or circumvent encryption or to allow or enable third parties to do so or allow any other person to do the same, other than as permitted by applicable laws or as expressly permitted through any technology.
- Limitations regarding Medicine and Medical Treatment
This Program enables users to access the Content and interact with our experts and support teams. Our experts might have different opinions on certain physiological conditions or symptoms. This does not mean that our team of experts is at fault, it is normal for experts to have differing views from time to time. We do not provide any medical advice or medical treatment. The Content and any information provided by our experts are for informational purposes only and should not be used for diagnosis or treatment of any medical condition.
Further, the Frontier X/ X2 is not intended to be used for any diagnostic or treatment purposes. Fourth Frontier shall not be liable for damages arising out of the use of Frontier X/ X2 for unintended purposes. Information provided by Frontier X/ X2 is not a substitute for medical advice. Do not use the Services as a substitute or replacement for consulting with your physician or other healthcare provider, and do not disregard professional medical advice or delay in seeking it because of any information received in connection with our Services. We are not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services or products that you may obtain from unaffiliated third parties in connection with or as a result of using these Services.
- No Emergency Services
These Services are meant for nonemergency purposes only. Our Services do not intend to cover within their purview any medical emergencies whatsoever and do not include any time critical communications with any type of hospital, law enforcement agency or any kind of emergency or time critical services. Please bear in mind that our Services do not replace your personal healthcare care providers or any other emergency assistance.
- Physical Activity Disclaimer
The Services may include features that promote physical activity. It is your responsibility to weigh the risks involved and consult with a medical professional before engaging in any physical activity or using the Services, including any Fourth Frontier products. Fourth Frontier will not take any responsibility for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Services, including any Fourth Frontier products.
- Breach of the Terms
Fourth Frontier, at its sole discretion, reserves the right to immediately terminate your account, and or destroy any User Contributed Data, or limit your use of all or any part of your account and / or the Services if: i. you fail to adhere to or breach the provisions of these Terms; or ii. collection of payment for your Services should fail after a second attempt. In case of such an event, you are to return or destroy all copies of the Content. Additionally, upon termination, your licenses, and rights as granted to you by fourth Frontier will also stand revoked concurrently.
- Governing Law
The Parties shall use their best efforts to amicably settle any dispute, controversy, or claim arising out of or in relation to this agreement or the breach, termination, or invalidity thereof. In the event that such conciliatory efforts fail, this any dispute arising out of or in connection to this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware (without giving effect to its conflict-of-laws principles that would result in the application of the laws of any other jurisdiction), including, without limitation, its interpretation, construction, creation, performance, and enforcement. The Parties shall submit to the exclusive jurisdiction of the Courts in the State of Delaware and waive any and all jurisdictional, venue objections to such courts.
- Questions & Queries
Should you have any questions, suggestions, queries or complaints concerning your order, your purchase, these Terms and Conditions, please contact us on email via email@example.com. Fourth Frontier will revert to you as soon as possible.