myNarval Gebruiksvoorwaarden

PLEASE READ THESE TERMS OF USE (“MYNARVAL TERMS”) CAREFULLY BEFORE USING MYNARVAL OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THESE MYNARVAL TERMS. BY USING MYNARVAL OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE MYNARVAL TERMS. IF YOU DO NOT AGREE TO THE MYNARVAL TERMS, DO NOT USE MYNARVAL OR DOWNLOAD THE SOFTWARE UPDATE

1) Scope

These Terms of Use (“Terms”) govern your access to and use of the MyNarval mobile application, use of the oximeter device provided with the mobile application and related services (collectively, the “Services”) provided by Resmed . By accessing or using the Services, you agree to be bound by these Terms and Resmed Privacy Policy (together, the “Agreement”). If you do not agree, do not use the Services.

2) Eligibility

You must be at least 18 to use the Services. If you are under the age where parental consent is required in your region you represent you have obtained such consent. If you use the Services on behalf of an organization, you represent you have authority to bind that organization and “you” refers to that organization.

3) Changes to the Services and to These Terms

Resmed may modify the Services or these Terms to reflect changes in law, features, or business practices. When Resmed makes material changes, Resmed will provide you with an update. Continued use after changes means you accept the updated Terms.

4) Your Account

You will need an account to use the Services. You are responsible for all activities under your account.

At times, Resmed may require you to have a password and provide registration details to access the Services or portions of the Services. To the extent that Resmed requires a password and registration details, the details you provide must be correct, current and complete. If Resmed believes that the details are not correct, current and complete, Resmed has the right to refuse you access to the Services, or any of its resources, and subject to applicable local laws to terminate or suspend your account.

You are only entitled to register and use the Services with your Product serial number as long as you use this Product for your own therapy.

To contact the technical MyNarval support team, please use the following details: mynarval@resmed.com

You must maintain the confidentiality of any passwords you are given to access the Services. Resmed will not be liable for any loss that you incur as a result of someone else using your password based on your negligent or intentional disclosure of your password. You may be held liable for any losses incurred by Resmed, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password as a result of your negligent or intentional disclosure of your password. You agree to notify Resmed immediately of any unauthorised use of your passwords. Resmed reserves the right not to issue a password to any person or entity.

5) License & Use of the Services

Subject to these Terms, Resmed grants you a limited, personal, non‑exclusive, non‑transferable, revocable license to install and use the MyNarval app and access the Services for your own lawful personal purpose.

You agree not to, and not to allow others to: (a) reverse engineer, decompile, or attempt to derive the source code of the Services; (b) circumvent security or access controls; (c) use the Services to infringe, violate, or misappropriate any rights; (d) use any robot, spider, scraper, or other automated means to access the Services for any purpose without Resmed prior written permission; (e) develop a competing service using Resmed IP; or (f) use the Services in violation of any applicable law, including export control and sanctions laws.

6) User Content

You may submit, upload, post, or otherwise make available content (e.g., text, images, audio, video, data, reviews, feedback) (“User Content”).

Your Rights: You retain ownership of your User Content.

Your License to Resmed: You grant Resmed a worldwide, non‑exclusive, royalty‑free, license to host, store, reproduce, adapt, modify,  and display your User Content  to the extent necessary for operating and improving the Services. This license ends when you delete your User Content or your account is terminated, unless further use is required for compliance with legal obligations or the protection of legitimate interests (e.g., backups, legal defense).

Your Responsibilities: You represent and warrant you have all rights needed to provide the User Content and that it does not violate law or third‑party rights (including IP, privacy, and publicity rights), or contain harmful, deceptive, or illegal material.

Monitoring & Enforcement: Resmed may (but has no obligation to) monitor, remove, or disable access to User Content that we believe violates these Terms or applicable law.

7) Medical Disclaimer

Resmed provides the Service for general indicative information only. Don’t rely on the Services for medical or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.

Resmed does not provide advice on any issues relating to medical treatment, diagnosis or clinical support. Always seek the advice of a physician or other qualified healthcare provider for any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Service or through an application, tool or website of this Service.

The Services may use artificial intelligence algorithms and may sometimes provide inaccurate content that doesn’t represent Resmed’s views. Use discretion before relying on or otherwise using content provided by the Services.

Resmed does not warrant that the Services will be uninterrupted, error-free, or secure. Resmed’s liability remains governed by Section 13 of these Terms.For a product complaint, please contact: mynarval@resmed.com

8) Privacy

You may provide Personal Data when interacting with the Services, (which includes sensitive data, for example, biometric and health data). By using the Service, you acknowledge that Resmed will process your Personal Data in accordance with your consent. For information about the way in which Resmed uses, processes and shares your personal information that it obtains about you when you use the Service, please refer to Resmed Privacy Notice.

9) Intellectual Property

All technology, content, text, images, graphics, videos, data, information, analysis, logos, user interface and other material (Content), displayed, used, available or present on this Service, including any intellectual property rights, such as without limitation, trademarks, service marks and copyrights (Intellectual Property Rights) in such Content, are the property of Resmed, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Service is copyrighted and/or subject to other intellectual property laws unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms of Use.

10) Feedback

If you provide ideas, suggestions, or proposals (“Feedback”), you grant Resmed a perpetual, worldwide, irrevocable, royalty‑free license to use the Feedback without restriction or compensation.

11) Use of the Oximeter

1.Third-Party oximeter disclaimer

The MyNarval mobile application is used in connection with an oximeter manufactured by a third party (“Third‑Party Device”).  Only use the oximeter that has been approved by Resmed in relation to the Services. You acknowledge and agree that the Third‑Party Device is not manufactured, supplied, or controlled by Resmed. Resmed makes no representations, warranties, or guarantees regarding the quality, safety, accuracy, or performance of any Third‑Party Device. While Resmed’s liability under Section 13 of these Terms remains unaffected, Resmed shall not be liable for any loss, injury, or damage arising from or related to your use of, or reliance on, any Third‑Party Device, including any data generated by such device. Your use of any Third‑Party Device is at your sole risk and subject to the terms, conditions, and warranties of the device’s manufacturer or supplier.

2. Oximeter instructions

Before using the pulse oximeter, please read carefully the instructions provided with the product.

3. Product claim

In the event of any actual or suspected malfunction, defect, abnormal performance, or other incident involving the oximeter that could affect its safety, performance, or compliance with applicable regulations, you shall: (i) Immediately notify Resmed’s customer service upon becoming aware of the incident (mynarval@resmed.com), (ii) cease all use of the affected oximeter without delay; and (iii) follow all instructions provided by Resmed, including without limitation return, corrective actions, or any other safety‑related measures.

You shall cooperate in good faith to enable Resmed and/or the Third Party Device manufacturer to investigate the incident and comply with any applicable regulatory reporting obligations.

Resmed’s Choice of Remedy: Following notification of an Incident or confirmation of a product defect, Resmed shall have the sole discretion to determine the appropriate remedy. Such remedy may include, without limitation, repair of the product, replacement of the product, or any other corrective action Resmed deems suitable. You shall make the affected product available to Resmed to enable evaluation, repair, or replacement, as applicable.

4. Return of the Oximeter

The provision of the oximeter is conditional upon your use of the Services. Should you stop using the Services, for any reason, you must return the oximeter to Resmed in accordance with the instructions then provided by Resmed.

12) General Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RESMED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

13) Limitation of Liability

1. Limitations on liability and remedies for users in Europe, the Middle East and Africa apart from Germany.

To the extent permitted by applicable laws, Resmed will not be liable for any (i) loss of profits,revenue, contracts or anticipated savings; or (ii) indirect or consequential losses that were not foreseeable (losses or damages are foreseeable if either it is obvious that it will happen or if, at the time you consented to these Terms of Use, both you and we knew it might happen); or (iii) losses caused by events outside of our reasonable control.

If, notwithstanding the other provisions of these Terms of Use, Resmed is found to be liable to you for any damage or loss which arises out of, or is in any way connected with, these Terms of Use or your use of the Mobile App or the Services, to the extent permitted by applicable laws, Resmed’s liability shall in no event exceed an amount equal to the total of any fees for the Services received by Resmed from you.

Nothing in these Terms of Use limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct, or any other liability that cannot be excluded or limited under applicable laws.

2. Limitations on liability and remedies for users in Germany

The following applies if you are located in Germany: Resmed is liable for damages,  on whatever legal grounds, in cases of intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit). In cases of simple negligence (leichte Fahrlässigkeit), Resmed is liable only for damages resulting from the violation of an essential contractual obligation (i.e. where the contractual partner regularly relies on Resmed to comply with the obligation, and the proper fulfilment of the obligation is essential for the proper execution of the contract). In this case, Resmed’s liability is, however, limited to the compensation of the foreseeable, typically occurring damage. However, no exclusion or limitation of liability shall apply in case of (i) damage to life, body or health; (ii) other damages due to an intentional or grossly negligent breach of duty by Resmed; (iii) the assumption of a guarantee or a procurement risk; or (iv) liability resulting from the Product Liability Act. The aforementioned exclusions and limitations of liability apply to the same extent to the organisations, legal representatives, employees and other vicarious agents of Resmed.

14) Right of withdrawal

You have the right to withdraw from this contract within 14 (fourteen) calendar days without giving any reason. The withdrawal period will expire after 14 (fourteen) calendar days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (using  for instance the withdrawal option available on mynarval app) before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, if any, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which we are informed about your decision to withdraw from this contract.

We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

15) Termination

You may stop using the Services at any time. Resmed may suspend or terminate your access for good cause without notice. Good cause exists in particular if: (a) you materially breach this Agreement and fail to remedy the breach within a reasonable period after having been given notice; (b) you use the Services in a manner that poses a significant risk to Resmed, other users, or third parties; or (c) Resmed is required by law to terminate access. Resmed may also terminate for convenience on thirty (30) days’ notice to the end of a calendar month, provided there is an objective reason (e.g., permanent discontinuation of the Services).. Upon termination, your license ends and you must stop using the Services. Sections (e.g., 6, 11–19) will survive termination.

16) Export & Sanctions

You agree not to submit any User Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

17) Third Party Websites

This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom Resmed has no control or responsibility, as well as translations thereof which Resmed may arrange. Resmed has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. These other sites are not under Resmed’s control, and you acknowledge that (whether or not such sites are affiliated in any way with Resmed) Resmed is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Resmed or any association with its operators.

18) Dispute Resolution; Governing Law

With respect to any and all disputes arising out of or in connection with the Services or these Terms of Use (including without limitation the Privacy Policy), Resmed and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory amicable resolution.

These Terms of Use are governed by the laws of France, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For sake of clarity, nothing in these Terms of Use shall be interpreted as limitating your rights under local EU applicable consumer laws.

Any dispute or controversy arising out of or relating to the performance or interpretation of these Terms of Use that cannot be resolved amicably between the parties shall be submitted to the courts of Lyon.

19) Miscellaneous

Entire Agreement: These Terms, the Privacy Policy, and any additional policies referenced herein are the entire agreement between you and Resmed.

Severability: If any provision is found unenforceable, the remainder will remain in effect.

Assignment: You may not assign or transfer these Terms without Resmed’s consent. Resmed may assign them as part of a merger, acquisition, or sale of assets.

No Waiver: Resmed’s failure to enforce any provision is not a waiver.

Force Majeure: Resmed is not liable for delays or failures due to events beyond Resmed’s reasonable control.

Notices: Resmed may provide notices by email, in‑app messages, or posting within the Services. You may provide notices to mynarval@resmed.com or to Resmed’s postal address.

Contact: For questions about these Terms, contact mynarval@resmed.com.