CardihabCardihab

Participant End User License Agreement

1. Terms of Use

The Cardihab Pty Ltd ("we", "us") enterprise branded or SmartCR Apps ("App") helps participants ("you") complete convenient, engaging and scientifically-validated cardiovascular rehabilitation programs and/or cardiac care programs under the supervision of your health care provider ("HCP"). As the participant, you will engage with the App so that you can complete, and your HCP can deliver, your care program.

"Customer" refers to Cardihab's customer who has provided you access to the App. Typically this is your HCP's employer or main entity, through an agreement called the "Customer Agreement" made between them.

You must accept this Participant End User Licence Agreement ("Participant EULA") in order to use our App. You can read this Participant EULA again when you've logged into the App by selecting the Information ('I') symbol > About Us > Terms and Conditions.

2. Emergencies

If you are experiencing symptoms or concerned about your health, please contact your Health Care Provider or emergency services.

3. Warnings

  • The Cardihab App:
    • will not send alerts to your HCP or any other medical or emergency service regarding any data you have entered
    • cannot be used in a medical emergency
  • If you rely solely on the App, you do so at your own risk
  • Use of the App should not replace your good judgment and common sense, or the advice provided by your HCP

4. Privacy Policy and Personal Information Consent

  • By accepting this Participant EULA you are also accepting that: our full Privacy Policy (available at: https://cardihab.com/privacy/) has been made available to you; and your personal information will be collected, processed, used and disclosed in accordance with our Privacy Policy
  • You consent, acknowledge and agree that Cardihab may de-identify any personal information or other data you enter into the App (so that it is no longer possible to reasonably identify you from that data), and use that information to improve and market our products and services, for research and development (including training of artificial intelligence models), and for benchmarking for quality improvement
  • Unless you opt out by contacting our Privacy Officer in writing, you consent to Cardihab retaining your information beyond the period prescribed by law, for longitudinal research studies only

a) Protecting Your Privacy

We protect your privacy by:

  • Collecting only the information that is necessary for your cardiac rehabilitation and/or clinical care program;
  • Limiting access to information to those who “need to know” (e.g. your HCPs and/or authorised Cardihab staff if needed for technical support);
  • Using encryption and other computer security practices while we are responsible for the storage of your information;
  • Archiving your information in a secure manner when it is no longer required by our Customer, subject to our data retention obligations prescribed by law;
  • Using only de-identified data for product improvement and other commercial purposes.
  • All information we collect in a region is stored in data centres within that region (i.e. all information about Australians remains in Australian data centres).

b) Further Information about Privacy

For further information about privacy please read our full Privacy Policy (available at: https://cardihab.com/privacy/) or contact our Privacy Officer (privacy@cardihab.com or PO Box 1319 Fortitude Valley, Queensland 4006, Australia).

5. Use of the App

  • You must be 18 years or older to access or use the App.
  • You must only connect to our App on a supported mobile device and have at least intermittent Internet access from that device during your program for you and your HCP to use the App effectively.
  • You must maintain the security of your device and access to the App. Protect your device with a strong passcode and maintain the security of your passcode and mobile phone while using our App. You must notify Cardihab immediately if you become aware that your device details have been lost, shared, compromised or misappropriated.
  • You acknowledge and accept that the App does not replace the need for clinical management and professional advice from your HCP, and Cardihab does not provide medical advice through the App.
  • You must ensure you have the latest updated version of the App in order to effectively receive your care program.
  • You warrant that all information you provide to Cardihab, whether directly or through the App is true, accurate and complete.
  • You must comply with:
    • any applicable laws, standards or regulations in respect of your access to or use of the App; and
    • all reasonable directions given by Cardihab as to the use of any access codes, passwords or other security measures implemented by Cardihab to protect the integrity of the App.

6. Prohibited Activities

You must not:

  • share or allow access to your App with others;
  • allow any unauthorised access to, or use of the App (and you must notify Cardihab immediately upon becoming aware of any unauthorised access or use);
  • alter any data that is stored on the App, other than through the normal intended use of the App;
  • use the App in a way that may impair the availability or accessibility to the App;
  • attempt to override any security or protective measures embedded in the App;
  • engage in any illegal, unlawful, fraudulent, defamatory, harmful or inappropriate activity on the App; or
  • reverse engineer, reverse assemble, disassemble, or decompile the App or any part thereof or otherwise attempt to discover any source code of the App.

7. Intellectual Property Rights

  • All Intellectual Property Rights in our App and all New IP belongs to, vests in, and (to the extent required) will be assigned automatically on creation to, Cardihab.
  • As long as you comply with this Participant EULA, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, limited licence to access and use the App solely for your personal, non-commercial use as permitted by this Participant EULA.
  • We have the right to investigate violations of this Participant EULA and any conduct that affects the App, and in response may take any action we may deem appropriate.
  • In this Participant EULA:
    • Intellectual Property Rights means all current and future registered and unregistered rights in respect of trade marks, copyright, user interface, care plan tasks, proprietary education content, manuals, user guides, clinical care plan discussions, and similar assets of inventions.
    • New IP means any and all Intellectual Property created in the course of, or connection with, the provision of the App.

8. Changes to the App and this Participant EULA

  • We may change or discontinue, temporarily or permanently, any feature or part of the App any time, as long as such change does not have a significant negative impact on main purpose of the App. App updates may be automatically downloaded and installed without prior notice to you. If you do not agree to the changes, you should delete the App. If you do not update the App to the latest available version, we cannot guarantee that our App will work as intended.
  • Cardihab reserves the right to make changes to this Participant EULA from time to time, and will make you aware of any significant changes via a notice in the App and via our website. After the date that notice is published, your continued use or access to the App constitutes your acceptance of the amended Participant EULA.

9. Termination

  • If you breach this Participant EULA, Cardihab may (temporarily or permanently) suspend or cancel your account, in its reasonable discretion without notice.
  • You may delete the App at any time, at which point you release Cardihab from its obligations under this Participant EULA unless otherwise provided.
  • Your account will remain active on our App from your registration until either:
    1. the Customer Agreement ends;
    2. we deem that your account is no longer being used;
    3. your subscription term expires as outlined within our Customer Agreement; or
    4. for any reason, Cardihab ceases to operate the App.
  • Cardihab complies with legal requirements to retain your medical records in line with state and territory legislation. However, Cardihab has no contractual obligation to you, to backup or otherwise retain data on the App relating to your account and your interactions with Cardihab or other parties via the App after termination or cancellation under this clause 9).

10. Other Terms

a) Limitation of liability

  • You acknowledge and agree that your ability and entitlement to access the App is subject to:
    • your compliance with your obligations under this Participant EULA; and
    • your third party hardware and software (including app store of choice) meeting the minimum operating requirements for the App, as may be detailed on the App or other documentation and updated from time to time.
  • You acknowledge and agree that Cardihab is not responsible for the acts or omissions of your HCP, our Customer, or any third parties.
  • Cardihab is not responsible for any viruses, malware or other harmful software infecting your devices as a result of your interactions with third parties, or your use of third party data or software on the App. This includes any issues caused or contributed to by your actions, or the actions of our Customer, or the actions of your HCP.
  • To the fullest extent permitted by law, and subject to the Customer Agreement:
    • Cardihab is not responsible for any loss of data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damages; and
    • Cardihab excludes all warranties and representations (express and implied) unless otherwise stated to the contrary in this Participant EULA or implied into it by law (including the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
  • To the fullest extent permitted by law, in no event will Cardihab's total aggregate liability (whether in contract, tort (including negligence), or statute) in connection with this Participant EULA exceed AUD$100.

b) Availability and support

  • If you have any questions or need technical support for the App, please contact Cardihab's customers support team via email at support@cardihab.com.

c) Miscellaneous

  • This Participant EULA is governed by and construed in accordance with the laws of Queensland, Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.
  • Any dispute arising under or in connection with the App, the interpretation of this Participant EULA, or the rights of any party under this Participant EULA will be negotiated between the parties in good faith, in the first instance. If parties cannot resolve the dispute within seven days of an initial negotiation meeting, the dispute must be submitted to mediation in accordance with, and subject to, Resolution Institute Mediation Rules. This clause does not prevent either party from seeking urgent injunctive or similar interim relief from a Court.
  • If any provision of this Participant EULA is prohibited, void or unenforceable under any applicable law, it will be severed to the extent necessary to make this Participant EULA valid and enforceable. The severance of a term will not affect the validity or enforceability of the remaining terms of this Participant EULA.

11. EULA Version Details

  • Date of last review: 20th December 2024
  • Date Published: 28th April 2025

12. How to Contact Us