Biobeat BB-613WP User manual
Monitoring Wristwatch | Disposable Patch
User Guide
Important
This User Manual is subject to periodic review, update and
revision.
Do not use a defective product. Do not repair this product or any
of its parts other than in accordance with written inructions
provided by Biobeat.
The user of this product has sole responsibility for any
malfunction that results from improper use, faulty maintenance,
improper repair, unauthorized service, damage, or alteration by
anyone other than Biobeat Technologies Ltd.
The safety, reliability, and performance of this device can only
be assured under the following conditions:
• The device has been used according to the accompanying
operating instructions.
• All fittings, extensions, readjustments, changes, or repairs
have been carried out by Biobeat Technologies Ltd.
authorized representatives.
No part of this publication may be reproduced, ored in a
retrieval syem or transmitted in any form by any means,
electronic, mechanical, photo reproductive, recording or
otherwise without the express prior written permission of
Biobeat Technologies Ltd.
Biobeat Technologies Ltd. reserves the right to change or
improve its products and accompanying technical literature
without specic notice of changes or improvements.
This product is protected by the following US patent
applications:
US20180020960(A1) PCT/IL2017/050752
and other pending US patents.
Caution: Consult with a physician before use of the device.
Disclaimer
Information provided by Biobeat Technologies Ltd. is believed
to be accurate and reliable. However, Biobeat Technologies Ltd.
assumes no responsibility for the use of such information, nor
for any infringements of patents or other rights of third parties,
that may result from its use.
Ce symbol CE indicates compliance of this - device with the In
Vitro Diagnoic Medical Device Directive 98/79/EC.
belis s.a.
Bd General Wahis 53
1030 Brussels, Belgium
Tel: +(32) 2 732-59-54
Fax: +(32) 2 732-60-03
1. ABOUT THIS USER MANUAL
This User Manual provides the information necessary to operate
the Biobeat Syem.
PLEASE READ THIS USER MANUAL BEFORE OPERATING
THE SYSTEM. If any part of this User Manual is not clear,
contact Cuomer Support for assiance.
1.1. TYPES OF WARNINGS, CAUTIONS AND NOTES
Three types of special messages appear in this User Manual:
¡Warning: A warning indicates precautions to avoid the
possibility of personal injury or death.
Caution: A caution indicates a condition that may lead
to damage to equipment, or a lower quality of treatment.
ǂNote: A note provides other important information.
2. OVERVIEW OF SYSTEM
2.1. Description of Device
The BB-613WP is a non-invasive wriwatch or patch used for
monitoring of vital signs in clinical and non-clinical settings.
Features and benets:
• Easy of use.
• Ability to transmit the data to the App.
• BLE Communication.
3. CONDITIONS FOR USE
3.1. Indications
A baseline reference measurement of blood pressure and heart
rate should be entered into the Web Platform before use of the
device. The baseline reference measurement is performed using
a andard blood pressure cu-based oscillometric device.
Note: Standard blood pressure is considered to be an average
of 3 consecutive measurements.
The BB-613WP is intended for spot-checking of adult patients
in hospitals, clinics, long-term care, and home use.
3.2. Contraindications
¡Do not use with neonatal or pediatric patients.
¡If the BB-613WP is mechanically damaged it must not be
used and must be disposed.
¡Do not use with patients with significant deformity,
swelling, irritation, degenerative changes or edema of the
wrist.
¡Do not use with patients with localized infection, ulceration
or skin lesions involving the wrist.
¡Do not use with patients that have restricted blood flow
e.g. tourniquet, pressure cuff or IV line.
¡Do not use with patients with tremors or convulsions.
¡Do not use with patients with peripheral vascular disease
affecting the hands.
¡Do not use on an area with a tattoo.
¡DO NOT use in MRI or a CT environment.
¡Do not use if there is a known allergy to metals, plastic
and silicon.
4. SAFETY
4.1. Electrical Safety
The device complies with the requirements of AAMI/ANSI/IEC/
EN 60601-1+ED-3 for safety of medical equipment:
Class II equipment type BF applied part.
Mode of operation: spot measurement.
Degree of mobility: portable.
4.2. EMC Compliance
The device complies with the requirements of IEC/EN 60601-1-
2+ED-4 for EMC of medical equipment:
The device has Class BF III compliance.
4.3. Safety Instructions
Warnings:
¡DO NOT USE BEFORE READING THIS USER MANUAL.
¡Only apply the device on clean, intact wrist skin.
¡The device can only measure while the patient is at rest.
¡This device is not defibrillation proof per IEC60601-1.
¡Do not use the device in an MR environment or in an
explosive atmosphere, such as in the presence of a
flammable anesthetic.
¡In case of discomfort, inspect the device sensor application
site to ensure correct sensor alignment and skin integrity.
¡Avoid excessive pressure to the sensor application site as
this may cause damage to the skin beneath the sensor
(device straps too tight).
¡Regarding the frequency of sensor relocation and
inspection of application site: The device must be located
on the wrist to activate the device properly. Check the
application site every 4 hours for skin integrity. If there is
any concern, remove the device and replace with another
device on the other hand.
¡Do not use the device if you have known allergy to plastic,
silicon and metals.
¡If a skin reaction appears following the use or during the
use of the device, stop using the device immediately.
¡This device is intended only as an adjunct in patient
assessment.
¡The system contains no user-serviceable components.
¡Do not immerse the device in water or any other liquid.
¡Diseases with peripheral circulatory disturbance may cause
incorrect readings.
¡The pulse rate indicator is not suitable for monitoring the
frequency of cardiac pacemakers.
¡The device must be able to measure the pulse properly to
obtain an accurate SPO2 measurement. Verify that nothing
is hindering the pulse measurement before relying on the
SPO2 measurement.
¡General operation of the device may be affected by the
use of an electrosurgical unit (ESU). This device should not
be used adjacent to other equipment. If adjacent use is
necessary, the device should be observed carefully to verify
normal operation.
¡The device is intended for indoor operation.
¡The device should not be used as a substitute for a
laboratory blood analyzer.
¡Excessive pressure from the device for prolonged periods
can induce pressure injury.
¡Do not use the device outside the declared environmental
conditions (see Section 12. Specifications). Operating the
device outside the declared environmental conditions can
lead to incorrect measurements.
Cautions:
The watch is for adult patients with wrist a circumference
between 18-25 cm.
Disposal of this device should be performed in accordance
with local regulations.
If the temperature or humidity is outside of the
recommended range (see Section 12. Specifications), do
not use the device.
If the display on the device is not working properly, or the
On/Off button is faulty, as shown in Section 5.2. Detailed
Description of Watch (Front), do not use the device.
Do not disassemble any part of the system components.
This system is not user-serviceable.
Do not place the device in liquid or put it where it could
fall into liquid.
Use the device only for the purpose described in the
instructions for use.
Do not use accessories which are not supplied or
recommended by the manufacturer.
Do not use the device if it is not working properly or if
it has suffered any damage, for example, a damaged
casing, or damage caused by dropping the equipment or
splashing water on it. Stop using the device and contact
the manufacturer.
Keep these instructions.
Do not share an outlet with another electrical device
Do not connect to an outlet controlled by a wall switch.
Do not use the device with an extension cable.
Do not use an adapter that was not supplied with the
device.
The device is designed to determine the percentage of
arterial oxygen saturation of functional hemoglobin.
Factors that may degrade pulse oximeter performance
or affect the accuracy of the measurement include the
following:
• Device not applied correctly
• Excessive motion
• Methemoglobin
• Intravascular dyes
Avoid too much light such as sunlight or bright indoor
lighting.
The device has no audible alarms and is intended for
periodic spot checking.
Clean the device between uses (See Section 8. Cleaning
and Maintenance).
Do not sterilize, autoclave, or immerse this device in liquid.
Do not pour or spray any liquids into the device.
Do not use cleaning solutions other than those
recommended, as permanent damage could result (See
Section 8. Cleaning and Maintenance).
The device should not be used as a replacement or
substitute for ECG.
Pulse rate measurement is based on the optical signal
detection of a peripheral blood flow pulse and therefore
may not detect certain arrhythmias.
Do not expose the device to excessive moisture such as
direct exposure to rain. Excessive moisture can cause the
monitor to perform inaccurately or fail.
This device is a precision electronic instrument and must be
repaired by Biobeat Technologies Ltd. qualified technical
professionals. Field repair of the device is not possible.
Do not attempt to open the case or repair the electronics.
Opening the case may damage the device and void the
warranty.
The equipment complies with IEC60601-1-2 for
electromagnetic compatibility for medical electrical
equipment and / or systems. This standard is designed to
provide reasonable protection against harmful interference
in a typical medical installation. However, because of the
proliferation of radio frequency transmitting equipment and
other sources of electrical noise in health care and other
environments, it is possible that high levels of interference
due to close proximity or strength of a source might disrupt
the performance of this device. Medical electrical equipment
needs special precautions regarding EMC, and all equipment
must be installed and put into service according to the EMC
information specified in this manual – see Section 14.
Manufacturer’s Declaration (EMC).
Portable and mobile RF communications equipment
including CT, MRI, diathermy, RFID, and electronic article
security systems can affect medical electrical equipment.
Follow local, state, and national governing ordinances and
recycling instructions regarding disposal or recycling of the
device and device components, including batteries.
In compliance with the European Directive on Waste for
Electrical and Electronic equipment (WEEE) 2002/96/EC, do
not dispose of this product as unsorted municipal waste.
This device contains WEEE materials; please contact your
distributor regarding return or recycling of the device. If
you are unsure how to reach your distributor, please call
Biobeat Technologies Ltd. for your distributor’s contact
information.
Cyber warnings
Android OS level restrictions that prevent unauthorized operations.
App certificate that assures data security for BB app
Do not leave phone unattended and open.
Use security measures to lock phone when not in use.
Do not install apps that may contain malware.
Notes:
ǂThis device is not for use by persons under the age of 18 years.
5. CLEANING AND MAINTENANCE
5.1. Notes on Cleaning and Maintenance
The Biobeat Syem does not require maintenance or cleaning
on a routine basis, except as suggeed in this User Manual.
Service should only be provided by an authorized Biobeat
Technologies Ltd. representative. Failure to do so voids the
warranty.
Please observe the following cautions when cleaning the
Biobeat device:
5.2. Cleaning the Biobeat device
Caution: Should the device become wet, wipe off all moisture
and allow sufficient time for drying before operating.
Caution: Contact with solvents can cause severe
deterioration of plastic parts and malfunctioning of the
instrument and accessories.
The outer surface of the device may be cleaned with a soft, lint-
free cloth moiened by ethyl alcohol (70-85%) until visually clean.
6. LABELS AND SYMBOLS
6.1. Label
14.1. SYMBOLS
A number of internationally recognized symbols are found on
the Biobeat BB-613WP and packaging. These relate to safety
requirements and andards and are described below.
Box label
Symbol Meaning
0086
CE Mark, indicating that the device complies
with the Council Directive 98/79/EC (IVD)
The Syem cannot be disposed as unsorted
municipal wae. Contact your local diributor
for unit disposal.
Caution, consult accompanying documents
SN Serial number
Manufacturer
Manufacturing date
Consult inructions for use
Catalogue number
Caution: law prohibits dispensing without
prescription
Type BF Applied Part
No alarms
Underwriters Laboratories
Conforms to the European RoHS directive
Symbol Meaning
IP22
Ingress Protection Marking level 22: Protected
again access of ngers or similar objects, and
water dripping at an angle of up to 15 degrees
“Do not use the device in an MR environment.”
Storage temperature -20*C - +70*C
Performance
Measurement Range
SpO2 70%-100%
PR (pulse rate) 40-240 bpm
Blood pressure SYS-60 to 250 mmHg + 5
DIAS- 40 to 150 mmHg+5
Accuracy
Arterial Oxygen Saturation,
70% to 80%
80% to 90%
90% to 100%
± 3%
Pulse Rate Accuracy ± 3 bpm
Resolution
Arterial Oxygen Saturation
(SpO2)
70%-100%, ±3% or ±3 digits
Display: 2 characters
Pulse Rate ±3% or ±3 digits
Display: 3 characters
Electrical
Battery for wriwatch Rechargeable lithium
polymer
Capacity 3 days of continuous use
Number of spot checks on
fully charged battery Minimum 500
15.SPECIFICATIONS
Battery charging time 4 hours when powered o
Use- life 3 years
Shelf- life 2 years
Charger Isolation: class ll
double isolation 5V AC/DC Adapter
AC Power for battery
charger
100-240V, 50-60 Hz, 10VA
max
Battery for Patch
Capacity 5 days of continuous use
Shelf- life 3 years
Non-rechargeable One-time (single) use
Environmental
Operating temperature 4°C to 39°C (39°F to 103°F)
Operating humidity Up to 95%, non-condensing
Pressure 700 to 1060 hPa
Operating altitude -378 m to 3050 m
(-1240 feet to 10000 feet)
Storage and transportation
Storage temperature -20°C to 70°C (-4°F to 158° F)
Humidity Up to 95%, non-condensing
Pressure 465 hpa to 1060 hPa
Operating altitude -378 m to 6098 m
(-1240 feet to 20000 feet)
Physical Characteriics - Wriwatch
Dimensions (monitor
enclosure) 48 x 38 x 16 mm
Weight 2 oz. (55 g) including battery
Physical Characteriics - Patch
Dimensions 40 x 40 x 16 mm
Weight Weight 1 oz. (30g)
Compliance
Equipment Classication IEC 60601-1
Type of Protection (battery
power) Internally powered
Accuracy Pulse Oximeter
Equipment ISO 80601-2-61
Degree of Protection –
Sensor Type BF-Applied Part
Mode of operation Spot Check
Enclosure degree of ingress
protection IP 22
Bluetooth
Operating Frequency Range 2402-2480 MHZ
Channels 40
Channel separation 2 MHZ
Modulation GFSK
External Antenna gain n-VARIANT: 2.14 DBI
Bluetooth 4.2 IEEE 802.15.1
Transmission range 15 Meter
BIOBEAT TERMS OF USE
Biobeat Ltd. (“Biobeat”, “we” or “us”) produce various products,
including a watch and a patch, which track various medical
parameters (the “Watch” and the “Patch”, respectively, and
together, “Biobeat Devices”). Biobeat Devices, together with
the Biobeat application to which Biobeat Devices transmit
information tracked by the applicable Biobeat Device (“Biobeat's
Application”), allows the User (the “User”), to use Biobeat
Devices’ functionalities as specied under the Documentation
(as dened below). Biobeat Devices, the Application, the Biobeat
websites: www.bio-beat.com and https://www.biobeat.cloud/
(together the “Website”), and any other services or devices
provided by Biobeat shall be referred to herein, collectively, as
the “Biobeat Services”. Please read these terms of use (“Terms”)
carefully as they govern the User’s use of Biobeat Services and
create a binding contract between the User and Biobeat.
BY USING BIOBEAT SERVICES IN ANY MANNER, THE USER
ACKNOWLEDGES THAT IT ACCEPTS THESE TERMS. THESE TERMS
SHALL BE EFFECTIVE AS OF THE EARLIER OF (I) THE DATE OF
SUCH FIRST USE; OR (II) THE USER’S APPROVAL OF THESE TERMS
(THE “EFFECTIVE DATE”). IF THE USER DOE’S NOT AGREE WITH
THESE TERMS, IT MAY NOT USE THE WATCH.
1. Use of Biobeat Services
Use of the Biobeat Devices is permitted only to individuals above
the age of 18.
In order to make use of Biobeat Devices, the User will be required
to download, inall and regier and create a designated
account at Biobeat’s Application and/or the Website. Use of
Biobeat Devices without providing the required personal details
(such as age, weight etc.) through Biobeat's Application and/
or the Website may produce or transmit inaccurate or incorrect
information. The User shall be responsible for all activity that
occurs in association with its account and Biobeat shall not be
liable for any Loss (as dened below) caused by the use of such
account, including without limitation if pursuant to the User’s
failure to maintain the condentiality of its account credentials.
Please note that in the process of downloading or inalling
Biobeat's Application, the User may be presented and/or be
required to approve, Biobeat’s Application’s term of service,
which shall govern the User’s use of the Biobeat Services. In
the event of any contradictions between the provisions of these
Terms and the provisions of Biobeat's Application terms and
conditions, the provisions of Biobeat's Application terms and
conditions shall prevail.
Please note that we are entitled to change these Terms from
time to time (including in order to comply with applicable law
and/or regulation) by poing an updated version on Biobeat's
Application. Any such change shall be eective within 30 days of
the date in which the updated terms were poed on Biobeat’s
Application. By continuing to use the Biobeat Services following a
change, the User is accepting such change. Unless such change is
in connection with a change of applicable law and/or regulation,
such changes shall only apply to the extent they do not materially
aect the User’s rights and obligations under these Terms.
2. Privacy
In addition to the information the User is required to provide
Biobeat, as part of Biobeat's Application's and/or Website
regiration process, Biobeat's Services collects and transmit
data to Biobeat on an ongoing basis. Any information
that Biobeat collects in connection with the User’s use of
Biobeat's Services, shall be subject to Biobeat's Privacy Policy
www.bio-beat.com. Please note that Biobeat Services allow the
User to share information with third parties. Such information
sharing will require active acts to be performed by the User, as
set forth under the Documentation (as dened below). Such
information sharing shall be solely and exclusively under the
User’s responsibility.
3. User’s Obligations; Permitted and Prohibited Uses
Among the other requirements of these Terms, the User is
required to comply in all respects with the inructions related
to the use of Biobeat Devices, as specied in the documentation
accompanying each Biobeat Device (for inance, without
limitation, any inructions document, user manual or guide) and
any inructions poed on Biobeat’s Application and/or Website
(all collectively, the “Documentation”), including without
limitation, requirements related to the equipment required for
use of certain components of the Biobeat’s Services (which may
include, without limitation, a computer with adequate software, a
supported mobile device and adequate internet access). The User
shall be solely responsible for the consequences of its failure to
comply with the inructions of the Documentation.
Subject to the full payment for Biobeat’s Services, and to these
Terms, Biobeat grants the User with a limited, revocable, non-
exclusive, non-transferable, non-sublicensable license, to (i)
access and use the applicable Biobeat Service, and (ii) access and
view Biobeat Materials and Biobeat Stats (as dened below). This
license is provided solely for the User’s and its personnel use, and
does not allow for any use that was not explicitly permitted under
these Terms.
Notwithanding anything to the contrary herein, the User may
not perform, attempt to perform, or encourage or assi others
in performing any of the following: (i) connecting to or accessing
Biobeat Devices other than through the use of the Biobeat
Application and/or Website (without limitation, use of any device
that is not manufactured, diributed, or sold by or on behalf of
Biobeat, including without limitation any knock o or counterfeit
versions, is prohibited), (ii) use of any Biobeat Materials, and/or
any Biobeat Stats for commercial purposes without Biobeat’s
consent, (iii) accessing or tampering with non-public areas of
the Biobeat Services, (iv) teing the vulnerability of any Biobeat
syem, breaching any security or authentication measures,
or circumventing any technological measure implemented by
Biobeat or any of its providers to protect the Biobeat Services,
(v) decompiling, disassembling, reverse engineering, tampering
with, or attempting to derive the source code of any portion of
the Biobeat Services, (vi) copying, adapting, modifying, preparing
derivative works based upon the Biobeat Services, Biobeat
Materials and/or Biobeat Stats, and/or (vii) diributing, licensing,
selling, transferring, publicly displaying, publicly performing,
transmitting, broadcaing or otherwise exploiting the Biobeat
Services, Biobeat Materials, Biobeat Stats and/or any portion
thereof in a manner not explicitly permitted herein.
4. Warranty
Biobeat warrants to the User (for as long as Biobeat Devices were
purchased from Biobeat and/or any authorized retailers and/or
diributors and/or resellers of Biobeat (collectively “Authorized
Resellers”), that Biobeat Devices as delivered are and shall
remain free from martial defects in materials or workmanship
under normal use (in accordance with the Documentation), for
a period of 12 months from the original date of purchase from
Biobeat or an Authorized Reseller of the applicable Biobeat
Device, as applicable (the “Warranty”, and the “Warranty
Period”, respectively). Biobeat shall have no liability under the
Warranty unless the User shall notify Biobeat or its Authorized
Resellers, as applicable, in writing promptly (and in no event later
than 30 days) after discovery of the alleged non-compliance, such
notication to include a detailed explanation of the alleged non-
compliance. Determination of whether a Biobeat Device is non-
compliant and the exercise of the Warranty shall be in accordance
with Biobeat’s inructions and applicable policies at such time.
Without derogating from any warranty disclaimers under Section
5, which shall apply to the Warranty as well, the Warranty shall
not apply (a) to any Biobeat Device that has been subject to
misuse, accident or neglect, or which has been used in a manner
not compliant with these Terms, the Documentation, or indury
practices and andards; (b) any Biobeat Device that has been
operated with third party software or equipment not approved
in writing for use with the applicable Biobeat Device by Biobeat;
and/or (c) any Biobeat Device that has been modied, supported
or repaired by any third party not authorized in writing to do
so by Biobeat. Additionally, the Warranty does not extend to
any battery power supply included in/with Biobeat Devices. It
is further claried that Biobeat does not provide any warranty
regarding the inallation, maintenance, or service of Biobeat
Devices, and that the Warranty does not include any coverage of
shipping, handling, or delivery of non-compliant or replacement
products.
Biobeat’s exclusive obligation with respect to a breach of
the Warranty shall be, at its option, to either (i) repair Biobeat
Devices (by itself or by one of its representatives); (ii) replace the
applicable Biobeat Device with an identical product or product
having similar features as determined by Biobeat; or (iii) to
refund the User or the Authorized Reseller (as applicable) the
purchase price paid for the applicable Biobeat Device, all within
a reasonable time, and solely to the extent it is determined by
Biobeat that the applicable Biobeat Device does not conform to
the Warranty. The Warranty Period for any repaired or replaced
Biobeat Device shall be the remainder of the original Warranty
Period for the original applicable Biobeat Device.
5. Disclaimers; Use at Own Risk
OTHER THAN TO THE EXTENT SPECIFICALLY AND EXPLICITLY
SPECIFIED IN THESE TERMS OR THE DOCUMENTATION, BIOBEAT
DEVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY
KIND. WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ANY WARRANTY PROVIDED IN THESE TERMS OR THE
DOCUMENTATION SHALL NOT APPLY TO THE EXTENT BIOBEAT
DEVICES ARE USED IN A MANNER WHICH IS NOT COMPLIANT
WITH THESE TERMS, THE DOCUMENTATION, AND/OR ANY
OTHER APPLICABLE TERMS.
While Biobeat aims to provide information, which is accurate
and complete through the Biobeat Services, Biobeat, makes
no warranty regarding the accuracy and completeness of any
atiics, parameters, data or information monitored, collected
and/or displayed through any of the Biobeat Services, unless with
respect to a specic indication for which Biobeat holds a valid
approval to be used with respect to, from the applicable regulatory
authorities in the territory in which the applicable Biobeat Device
is being so used by the User (“Biobeat Stats”). While certain
components of the Biobeat Services are compliant with various
international andards and regulations, the Biobeat Services,
and the Biobeat Stats in particular, are not intended to diagnose,
treat, monitor, cure, or prevent any disease, and are not intended
to match or replace (a) any services or information produced by
medical or scientic measurement devices )except with respect to
a specic indication for which Biobeat holds a valid approval to be
used with respect to, from the applicable regulatory authorities in
the territory in which the applicable Biobeat Device is being so
used by the User) (b) any monitoring by the User of consumption
of medication or of any other medical treatment, and (c) any
checkups, services or treatments by physicians and other medical
care professionals. Additionally, Biobeat makes no warranty that
Biobeat Devices and/or the Biobeat Services will meet the User’s
requirements and/or any medical or regulatory andards or be
available on an uninterrupted, secure, or error-free basis. The
User acknowledges and agrees that if it relies on any Biobeat
Services, including without limitation the Watch, Biobeat Stats,
the User do so solely at its own risk.
Without derogating from the aforementioned, the User
acknowledges that Biobeat Devices may be impaired, or produce
or transmit inaccurate or incorrect information due to any use
which is not in full compliance with the Documentation, including
without limitation (a) failure to provide the required personal
details through Biobeat's Application or input by the User of
incorrect personal details; (b) use of the Watch when it is not
fully charged; (c) cellular, internet and/or Bluetooth interruptions;
(d) use with respect to applicable patients belonging to certain
populations (such as populations of certain age groups) with
which the Biobeat Services do not optimally function (as set
forth under the Documentation); (e) failure to place and initialize
Biobeat Devices in accordance with the inructions set forth
under the Documentation; (f) use of any Biobeat Devices for any
period in excess of the period allowed under the Documentation;
(g) cleaning or upkeep of Biobeat Devices, in any manner which is
not fully compliant with the Documentation.
6. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER
BIOBEAT, NOR ITS AFFILIATES AND EITHER OF THEIR OFFICERS
AND EMPLOYEES SHALL BE LIABLE FOR (A) ANY INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, COSTS,
LOSSES OR EXPENSES INCLUDING WITHOUT LIMITATION LOSS
OF PROFITS, DATA AND/OR GOODWILL ARISING OUT OF, OR
IN CONNECTION WITH, THE BIOBEAT SERVICES AND/OR THE
USER’S OR ANY THIRD PARTY’S RELIANCE UPON BIOBEAT
SERVICES; AND (B) DAMAGES, LOSSES AND/OR EXPENSES
(“LOSSES”) ARISING OUT OF, OR IN CONNECTION WITH, THE
BIOBEAT SERVICES AND/OR THE USER’S OR ANY THIRD PARTY’S
RELIANCE UPON BIOBEAT SERVICES, IN AN AMOUNT EXCEEDING,
FOR ALL CLAIMS IN THE AGGREGATE, THE TOTAL AMOUNT
THE USER HAS PAID FOR THE WATCH. THE AFOREMENTIONED
SHALL APPLY REGARDLESS OF WHETHER CLAIMS ARE BASED
UPON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE
LAW) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
BIOBEAT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE
EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN BIOBEAT AND THE USER.
WITHOUT DEROGATING FROM THE ABOVE, BIOBEAT SHALL
HAVE NO LIABILITY WHATSOEVER FOR ANY INACCURACY,
PERFORMANCE FAILURES, UNAVAILABILITY AND/OR LOSSES
ARISING OUT OF ANY USE OF BIOBEAT DEVICES AND/OR
BIOBEAT'S SERVICES NOT IN ACCORDANCE WITH THESE TERMS
AND/OR THE DOCUMENTATION, OR IN CONNECTION WITH,
ANY EXTERNAL THIRD PARTY SERVICES UPON WHICH THE
BIOBEAT SERVICES RELY (INCLUDING WITHOUT LIMITATION
FALURES RELATED TO CELLULAR, INTERNET OR BLUETOOTH
CONNECTION OF THIRD PARTY DEVICES OR PROVIDERS) AND/
OR GENERALLY FROM CAUSES BEYOND BIOBEAT’S REASONABLE
CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURE,
NETWORK OR COMPUTER EQUIPMENT FAILURES, ELECTRICAL
POWER FAILURES, OR ACTS OF PROVIDERS OF THIRD PARTY
SERVICES.
7. Indemnity
The User will indemnify and hold harmless Biobeat, its aliates
and their respective ocers and/or employees, from and again
any Losses (for clarication, the term Losses shall include without
limitation reasonable attorney fees) incurred due to any third
party suit, claim or procedure arising out of or connected with
(i) the User breach of these Terms, or (ii) the reliance by any third
party upon the Biobeat Stats, in a manner not explicitly allowed
under these Terms (an “Indemniable Claim”). Biobeat shall have
the right to assume control of the defense and/or settlement of
any Indemniable Claim, in which event the User will cooperate
with Biobeat in asserting any available defenses.
8. Biobeat’s Rights
Biobeat retains all right, title and intere, including without
limitation design rights, patents, copyrights, trade secrets,
trademarks, and any other intellectual property rights (whether
or not regierable) in and to Biobeat Devices, any other parts
of the Biobeat Services, the Biobeat Materials and Biobeat
Stats and the technology, know how, and any other intellectual
property (including without limitation any software) underlying
the Biobeat Services and/or Biobeat Materials and/or, including
without limitation any improvements, updates, upgrades, error-
corrections or other modications thereto, and any derivative
work based thereon, regardless of their creator. It is claried
that no source code or license to use source code is provided
hereunder. Except for the rights expressly granted to the User
hereunder, these Terms do not grant the User any rights or
licenses by implication or otherwise with respect to any of
Biobeat’s intellectual property.
The term “Biobeat Materials” shall mean any names, texts,
graphics, images, music, audio, video, works of authorship,
symbols of any kind, and information or other materials that are
generated, displayed on, provided or otherwise made available
through Biobeat Devices and other Biobeat Services.
Without derogating from the above, as between the User and
Biobeat, Biobeat shall be the sole and exclusive owner of all rights
to any and all information which was absorbed, collected and
accumulated by Biobeat Devices or provided to Biobeat, and any
ideas, inventions and/or improvements (whether protectable by
any intellectual property protection or not) conceived or derived
or resulting from feedback provided by the User with respect
to the Biobeat Services and/or Biobeat Materials or embodied
therein (“Feedback”). The User hereby irrevocably assigns to
Biobeat any rights that it may have in such Feedback, and to the
extent such rights may not be assigned, the User hereby provides
Biobeat a royalty free, perpetual, worldwide, exclusive, irrevocable
license to use such Feedback for any purpose, including
commercial purposes.
9. Updates and Changes to Services
The User agrees that Biobeat may, without providing additional
notice to the Initution, automatically inall updates to the
Application or Biobeat Devices. In addition, if so required by
applicable law or regulation, Biobeat may discontinue, temporarily
or permanently, any feature or component of the Biobeat Services
at any time, with or without notice, without incurring any liability
aside from as explicitly specied herein. Without Derogating from
the above, Biobeat may discontinue, temporarily or permanently,
any feature or component of the Biobeat Services at, from any
reason following a 6 months prior notice, without incurring any
liability aside from as explicitly specied herein.
10. Payment
The use of Biobeat's Application may be subject to payment of
certain fees or payments which are not covered by the payment
made by the User for Biobeat Devices, in amounts, or covering
periods of usage, as may be determined by Biobeat and made
known to the User upon download and/or regiration of
Biobeat's Application.
11. Communication
Should the User have any queions regarding these Terms, or
wish to report a violation of these Terms or abuse of the Biobeat
Service, to receive help or for any other matter, the User may
12. Alerts and Notications
As part of the User use of the Biobeat Services, the User may
receive notications, text messages, alerts, or e-mails. The User
hereby agrees to the receipt of such communications. The User
can control receipt of related communications from its account
settings. The User alone shall be responsible for any messaging or
data fees it may be charged by its wireless carrier.
13. Governing Law and Venue
Any disputes or claims arising out of or in connection with these
Terms and/or any of the Biobeat Services, will be governed by,
and conrued in accordance with, the laws of the State of Israel.
The User hereby irrevocably agree that the competent courts of
the Tel Aviv-Jaa Dirict of Israel shall have exclusive jurisdiction
to settle any disputes or claims arising out of or in connection
with these Terms and/or the Biobeat Services (including any non-
contractual disputes or claims).
14. General Terms
The headings used in these Terms are for convenience of
reference only and shall not aect the interpretation or meaning
of the terms and provisions of these Terms.
No modication to these Terms will be eective unless agreed
to in writing by Biobeat. A failure by Biobeat to partially or fully
exercise any rights or the waiver of any default of any provision
of these Terms by the User shall not prevent a subsequent
exercise of such right by us or be deemed a waiver by us of any
subsequent breach by the User of the same or any other term
of these Terms. Unless expressly provided otherwise herein, all
remedies hereunder are cumulative and do not exclude any other
remedies available by law.
If any provision of these Terms is found by any court or
adminirative body of competent jurisdiction to be invalid,
unenforceable or illegal, the other provisions shall remain in full
force and eect.
Biobeat Technologies Ltd.
Email: [email protected]
Website: http://www.bio-beat.com/
UM-0001-03
March 2020
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