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 dial 000 for 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: http://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

5. Use of the App

You agree to use the App in accordance with this EULA and all applicable laws and regulations. You must:

  • Use the App only for your personal healthcare purposes
  • Maintain the confidentiality of your account credentials
  • Provide accurate and complete information when using the App
  • Use the App in a manner that does not interfere with or disrupt the Services
  • Follow the guidance and instructions provided by your healthcare provider

6. Prohibited Activities

You agree not to:

  • Use the App for any illegal purpose
  • Share your account credentials with others
  • Attempt to reverse engineer the software
  • Use the App in any way that could harm yourself or others
  • Access or use the App in any manner that could damage, disable, overburden, or impair the Services
  • Use any automated means to access or use the App
  • Interfere with or disrupt the App or servers or networks connected to the App

7. Intellectual Property Rights

All intellectual property rights in the App remain the property of Cardihab. You acknowledge that:

  • The App contains proprietary and confidential information that is protected by applicable intellectual property laws
  • You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the App
  • You will not create derivative works based on the App
  • You will not remove any proprietary notices or labels on the App

8. Changes to the App and this Participant EULA

  • We may change or discontinue, temporarily or permanently, any feature or component of the App any time, provided such change does not have a material adverse impact on the App
  • Cardihab reserves the right to make changes to this Participant EULA from time to time, and will make you aware of those changes via email and/or prominent notice in the App

9. Termination

Your account will remain active until terminated according to the following conditions:

  • The Customer Agreement ends
  • You no longer need to access the App for your care program
  • You ask us to terminate your account
  • We deem on reasonable grounds that your account is no longer being used
  • For any reason, Cardihab ceases to operate the App

10. Other Terms

a) Limitation of liability

  • To the fullest extent permitted by law, Cardihab's liability is limited as specified in this EULA
  • Cardihab shall not be liable for any indirect, incidental, special, or consequential damages
  • Cardihab's total aggregate liability shall not exceed AUD$100

b) Availability and support

For support, please contact Cardihab's customer support team at support@cardihab.com.

c) Miscellaneous

  • This EULA is governed by the laws of Queensland, Australia
  • Any dispute must be submitted to mediation in accordance with Resolution Institute Mediation Rules
  • Neither party may assign or subcontract its rights without prior written consent

11. EULA Version Details

  • Document Version: 4.0
  • Date of last review: 29th April 2025
  • Date Published: 29th April 2025

12. How to Contact Us

  • General enquiries: info@cardihab.com or PO Box 1319 Fortitude Valley, Queensland 4006 Australia
  • Support: support@cardihab.com
  • Security: security@cardihab.com
  • Privacy: privacy@cardihab.com