Acceptance
By installing or using HealthPort you agree to these terms. If you do not agree, do not use the app. Your use of the App Store is separately governed by Apple's terms, and where those terms conflict with these for matters within Apple's control, Apple's terms prevail.
Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to use HealthPort on devices you own or control, for your own purposes. You may not copy, redistribute, sell, sublicense, reverse engineer or attempt to derive the source code of the app, except to the extent that such a restriction is unenforceable under applicable law.
Not a medical device
HealthPort is not a medical device and does not provide medical advice, diagnosis or treatment. It moves data you already have; it does not interpret it. Nothing HealthPort produces should be relied upon for any clinical, diagnostic or treatment decision, and it must not be used as a substitute for the judgement of a qualified healthcare professional. Always consult a professional about your health, and never disregard professional advice because of something you saw in an export.
The accuracy and completeness of every value HealthPort exports depends entirely on the devices and apps that recorded it and on what Apple Health makes available. Where several sources have recorded the same measurement, HealthPort applies Apple's own resolution and its own documented rules for selecting a source, and the result may differ from what another app shows for the same day. Treat exported values as indicative, not authoritative.
Your data and your destinations
Your health data is yours. HealthPort reads it on your device with your permission and writes it where you tell it to. You are responsible for choosing your destination and for the consequences of that choice — including who else can reach the folder, cloud account or shared drive you have selected. Once a file has been written to a destination, it is outside the app's control and outside ours.
You are responsible for keeping your own backups. HealthPort is a way to get data out; it is not a backup service and makes no guarantee that any exported file will continue to exist or remain readable.
Third-party services
If you choose iCloud Drive or Google Drive as a destination, your use of those services is governed by Apple's and Google's own terms and privacy policies. We are not responsible for their availability, their pricing, their handling of your files, or changes they make to their APIs that affect HealthPort's ability to deliver to them.
Acceptable use
Use HealthPort only with health data that is yours or that you are lawfully entitled to access and export, and only in a manner permitted by applicable law. Do not use it to obtain, move or disclose another person's health information without their informed consent.
Availability and changes
HealthPort is provided as-is and we may change, suspend or discontinue it, or any of its features and destinations, at any time. Features that depend on third-party APIs may stop working without notice if those APIs change. We may update these terms; continued use after an update constitutes acceptance of the revised terms.
Disclaimer of warranties
To the fullest extent permitted by law, HealthPort is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the app will be uninterrupted, error-free, or that any export will be complete or accurate.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. Nothing in these terms limits any right you have under consumer protection law that cannot lawfully be limited, including under the Consumer Protection Act, 2008 (South Africa).
Limitation of liability
To the fullest extent permitted by law, TidyByte Development shall not be liable for any indirect, incidental, special, consequential or punitive damages, nor for any loss of data, profits, revenue or goodwill, arising out of or in connection with your use of HealthPort, however caused. Where liability cannot be excluded, our total aggregate liability is limited to the greater of the amount you paid for the app in the twelve months preceding the claim, or ZAR 500.
Governing law
These terms are governed by the laws of the Republic of South Africa, and you agree to the non-exclusive jurisdiction of the South African courts, without prejudice to any right you may have to bring proceedings in your country of residence under mandatory local law.
Contact
Questions about these terms should be directed to privacy@tidy-byte.com.