01Agreement
These Terms are a legal agreement between you and AiVALON Health Technologies Inc., a corporation based in Montréal, Québec, Canada (“AiVALON”, “we”, “us”, or “our”). By ticking the box on the sign-up screen and creating an account, whether with an email address and password or by choosing Sign in with Google, you accept these Terms and confirm you have read the Privacy Policy.
If you do not agree, do not create an account.
02Ally’s purpose and limitations
Ally is intended only for general wellness, fitness, educational and self-tracking purposes. It is not intended to be a medical device.
- It is not intended to diagnose, screen for, treat, cure, monitor or prevent any disease or medical condition.
- Every figure it shows you, heart rate, heart rate variability, cardiovascular fitness score and every other indicator, is an estimate derived by an algorithm from an optical signal, not a clinical measurement.
- Estimates can be wrong, and can be affected by lighting, movement, skin, your phone’s camera, caffeine, medication, and many other factors.
- Never use Ally to make a medical decision. Do not start, stop or change any treatment or medication based on what Ally shows you.
- If you feel unwell, seek medical help. If you think you may be having a medical emergency, call your local emergency number immediately. Ally will not detect an emergency and will not alert anyone on your behalf.
03Eligibility
You must be at least 14 years old, or the minimum age for consenting to the use of your personal information where you live, whichever is higher, and legally able to enter a contract. You must not use Ally if a doctor has advised you against exercise, breath-hold or breathing exercises. Ally is for your personal use only. You may not use it to provide commercial or clinical services to others.
04Your account
You are responsible for the accuracy of the information you give us, for keeping your password confidential, and for activity under your account. Tell us at support@aivalon.ai if you believe someone has accessed or used your account without permission.
05Performing a check-in, safety
A check-in involves guided fast and deep breathing (hyperventilation), followed by a breath-hold.
- Remain seated throughout the check-in.
- Stop immediately if you feel dizzy, faint, short of breath, or unwell.
- Never perform a check-in while driving, cycling, operating machinery, in or near water, or anywhere a brief loss of balance could injure you.
- Do not perform a check-in if you are pregnant, have a heart or respiratory condition, epilepsy, or a history of fainting, unless your doctor has told you it is safe.
You perform check-ins at your own risk.
06Consent to process health data
Producing your results requires us to process health data about you. That is sensitive personal data, so we ask for your explicit consent at sign-up, separately from your acceptance of these Terms.
The Privacy Policy explains exactly what is collected, including that camera frames are processed on your device and that no video or image is ever uploaded.
If you run a check-in from an Apple Watch, we read your heart rate for that check-in through Apple HealthKit, which iOS asks you to permit separately. We request only that heart rate data, use it solely to produce your results, and never write back to your Health store.
You may withdraw consent at any time, but Ally cannot generate results without it.
07Acceptable use
You agree not to:
- reverse engineer, decompile, or attempt to extract the measurement algorithms
- scrape, bulk-download, or resell data obtained through Ally
- use Ally to provide a service to third parties, or present its output as a clinical or diagnostic result
- interfere with, overload, or attempt to gain unauthorised access to our systems
- bypass security controls or introduce malicious code
- use another person’s account, or create an account for someone else without their knowledge
08Intellectual property
Ally, its software, models, designs, and content are owned by us or our licensors. We grant you a personal, revocable, non-exclusive, non-transferable license to use the app for its intended purpose. Your data remains yours, you grant us only the license necessary to operate the service and produce your results, as described in the Privacy Policy.
09Availability and changes
We may change, suspend, or discontinue any part of Ally, including the app and the measurement pipeline. We aim to give reasonable notice of material changes. The service is provided on an “as available” basis and may be interrupted for maintenance or reasons outside our control.
10Warranties
To the fullest extent permitted by law, Ally is provided “as is” and we disclaim all implied warranties, including fitness for a particular purpose. We do not guarantee that Ally will always be available, error-free, or compatible with every device, or that its estimates will be accurate or complete.
Nothing here limits your statutory rights as a consumer.
11Liability
To the fullest extent permitted by law, we are not liable for any indirect or consequential loss, or for any decision you make, medical or otherwise, in reliance on Ally’s output. Our total aggregate liability arising from Ally or these Terms will not exceed the greater of the amount you paid us for Ally during the 12 months before the event giving rise to the claim and CAD $100.
We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded.
12Termination
You may delete your account at any time from [Settings → Delete my account] or by emailing support@aivalon.ai. We may suspend or terminate your account if you materially breach these Terms, or if we discontinue the service. On termination your data is deleted as described in the Privacy Policy.
13Changes to these Terms
We may update these Terms. If a change materially affects your rights we will notify you in the app before it takes effect and, where required, ask you to accept the new version. Continued use after the effective date means you accept the updated Terms.
14Governing law
These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable there, and proceedings may be brought before the courts of the Province of Québec.
Nothing in this section takes away any protection you have under the mandatory consumer laws of the country where you live, or your right to bring proceedings before the courts there.
15Contact
AiVALON Health Technologies Inc., Montréal, Canada, support@aivalon.ai