SelfieScreener Terms and Conditions

October 25, 2024

By using SelfieScreener (the “Service”), you agree to these terms of use in addition to Resmed’s Terms and Conditions. If you do not agree with these terms, please refrain from using the Service.

Disclaimer on Emergency Medical Conditions

DO NOT USE THIS SERVICE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 IMMEDIATELY FOR ASSISTANCE.

Medical Disclaimers

THE INFORMATION AVAILABLE THROUGH THIS SERVICE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTHCARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. RESMED DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF INFORMATION OBTAINED THROUGH THIS SERVICE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.

Your reliance upon information obtained by you through this Service is solely at your own risk. Resmed does not assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea, or instruction contained in the information shared via this Service.

We do not provide advice to you on any issues relating to medical treatment and the Service is intended solely as a resource and informational tool. Always seek the advice of a qualified health care professional with any questions you my 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 otherwise on an application, tool, or website of this Service.

Safety Reporting and Complaints

The Service is not for Resmed product safety reporting. To make a complaint about a Resmed product or service, please fill out the contact us form with your product details, name, location, and a comprehensive complaint description.

Additional Disclaimers

Resmed provides the Service for general information only. Don’t rely on the Service for legal, financial, 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.

The Service uses artificial intelligence algorithms and may sometimes provide inaccurate, biased, or offensive content that doesn’t represent Resmed’s views. Use discretion before relying on or otherwise using content provided by the Service. Resmed is not responsible for any error, omission, misrepresentation or misstatement from the Service or otherwise on an application, tool, or website of this Service.

Warranty Disclaimers

THIS SERVICE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. RESMED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SERVICE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies

RESMED’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESMED (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE) IS TO DISCONTINUE YOUR USE OF THE SERVICE. RESMED AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RESMED HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RESMED AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. RESMED DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

To the extent permitted by the law, Resmed makes no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of the Service.

Privacy

You may provide Personal information Data when interacting with the Services, (which includes personal sensitive informationdata, for example, biometric and health data). By using the Service, You you consent acknowledge thatto Resmed will processing your personal Personal information Data in accordance with your consent. For more information how Resmed will manage your Personal Data, our Privacy Policy. For information on data collection and usage please consult our Privacy Policy.

User Content

Except as provided in our Privacy Policy, any content that you submit to this Service or Resmed, whether directly or through a third-party website (“User Content”) will be deemed to be non-confidential and Resmed shall have no obligation of any kind with respect to such information. Resmed shall be free to use any ideas, concepts, know-how, or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services. You agree not to submit User Content to this Service or Resmed except for User Content that is fully authorized for purposes of this Service and these Terms of Use, and by submitting User Content on this Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that Resmed will have, and you grant to Resmed, a worldwide, royalty-free, perpetual, irrevocable, sublicense-able, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Service or Resmed. Nothing in these Terms of Use will obligate Resmed to use any User Content you submit.

Intellectual Property

To the extent permissible by law, all content, text, data, information and other material displayed, available or present via the Service (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (“Intellectual Property Rights”), 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 the Service is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms of Use.

You may copy the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Service or the Content without Resmed’s prior written permission.

Prohibited use

You will not use the Service to:

Develop machine learning models or related technology
Input any unauthorized sensitive, proprietary or confidential information
Damage, corrupt, tamper with or infect this Service, or any information or telecommunication system of Resmed with a virus or other malicious computer program
Undertake any activity which may adversely affect the use or enjoyment of this Service by any person
Compromise security or tamper with system resources and/or accounts (e.g., using password guessing programs, cracking tools or network probing tools)
Upload or transmit anything via our Services that is obscene, defamatory, abusive, or threatening or that infringes any other person’s rights
Perform or facilitate dangerous, illegal, or malicious activities, including:
- Facilitation or promotion of illegal activities or violations of law, such as
  - Promoting or generating content related to child sexual abuse or exploitation
  - Promoting or facilitating sale of, or providing instructions for synthesizing or accessing, illegal substances, goods, or services
  - Facilitating or encouraging users to commit any type of crimes
  - Promoting or generating violent extremism or terrorist content
- Abuse, harm, interfere, or disrupt services (or enable others to do the same), such as
  - Promoting or facilitating the generation or distribution of spam
  - Generating content for deceptive or fraudulent activities, scams, phishing, or malware.
- Attempt to override or circumvent safety filters or intentionally drive the model to act in a manner that contravenes our policies
- Generate content that may harm or promote the harm of individuals or a group, such as
  - Generating content that promotes or encourages hatred
  - Facilitating methods of harassment or bullying to intimidate, abuse, or insult others
  - Generating content that facilitates, promotes, or incites violence
  - Generating content that facilitates, promotes, or encourages self-harm
  - Generating personally identifying information for distribution or other harms
  - Tracking or monitoring people without their consent
  - Generating content that may have unfair or adverse impacts on people, particularly impacts related to sensitive or protected characteristics
Generate and distribute content intended to misinform, misrepresent or mislead, including
- Misrepresentation of the provenance of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive
- Generation of content that impersonates an individual (living or dead) without explicit disclosure, in order to deceive
- Misleading claims of expertise or capability made particularly in sensitive areas (e.g. health, finance, government services, or legal)
- Making automated decisions in domains that affect material or individual rights or well-being (e.g., finance, legal, employment, healthcare, housing, insurance, and social welfare
Generate sexually explicit content, including content created for the purposes of pornography or sexual gratification.

Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with this Service to 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 resolution.

Resmed has no obligation to become involved in any dispute between a user and any other person. Resmed and you agree that all disputes arising under these Terms of Use shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purposed class or representative proceeding, and shall be resolved by confidential binding arbitration as selected by Resmed in its sole discretion. The arbitrator’s award will be binding and may be entered as a judgment in a count of competent jurisdiction. You agree that Resmed is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision.

Modification of Terms of Use; Miscellaneous

These Terms of Use and the Privacy Policy constitute the complete agreement between you and Resmed with respect to the Service and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. Resmed will endeavor to post a notice of any change to these Terms of Use for a period of thirty (30) days following any such modification. Therefore, you are advised to review these Terms of Use occasionally. Your continued use of this Service subsequent to Resmed’s notice of modification of these Terms of Use will constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use will be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Resmed shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use will survive termination of any use by you of this Service, any Content on any application, tool, or website of this Service, or these Terms of Use.