Terms of Use
These terms are an agreement between you and Tympus LLC (“Tympus”, “we”), a Michigan company, for your use of the app Fremitus on iPhone, iPad, Android and the web, and this website, tympus.app. By using Fremitus you agree to them. If you do not agree, please do not use the app.
The short version
- Fremitus is an educational tool. It is not a medical device and must not be used to diagnose or treat anyone.
- Subscriptions are bought, renewed, cancelled and refunded through Apple or Google, under their rules.
- We license the app to you for your own learning; the app and its content stay ours or our licensors’.
- Recordings you make stay on your device and are your responsibility.
Educational use only
Fremitus simulates heart, lung and vascular sounds and teaches how to recognize them. It is not a medical device and does not diagnose, treat, cure or prevent any medical condition. Its sounds are simulations or teaching recordings and may differ from what you hear in a real patient. Do not rely on Fremitus, including its quizzes, references and any recording you make in it, to make a decision about anyone’s health. Always consult a qualified healthcare professional for any medical decision.
Your license to use Fremitus
We grant you a personal, non-exclusive, non-transferable, revocable license to use Fremitus for your own learning, on devices you own or control, while you follow these terms and, for paid features, while your subscription is active. You may not copy, sell, rent, redistribute or publicly perform the app or its content; extract, download in bulk or republish its recordings, images or animations; reverse-engineer it except where the law allows; or use it to build a competing product.
Openly licensed material. Some material in Fremitus belongs to others and is used under open licenses, such as the room acoustics in Room Acoustics and the recordings in the Datasets tab. Each is credited in the app under About & Credits, and the modified room recordings are available at tympus.app/fremitus/room-acoustics. Nothing in these terms limits the rights those licenses give you over that material, including the restrictions in the paragraph above.
If you got Fremitus from Apple’s App Store, Apple’s Licensed Application End User License Agreement also applies, and Apple is not responsible for the app or for supporting it. If you got it from Google Play, the Google Play Terms of Service also apply.
Subscriptions, free trials and refunds
Some or all of Fremitus requires a paid subscription, offered yearly or monthly, sometimes with a free trial. The price, period and trial length are shown before you buy. Payment is taken by Apple or Google from the account you buy with, at the end of any free trial and then at the start of each period. A subscription renews automatically until you cancel it. You can cancel at any time in your App Store or Google Play account settings; cancelling stops the next renewal, and you keep access until the end of the period you have paid for. On the App Store, cancel at least 24 hours before the period ends to avoid the next charge.
Apple and Google handle all payments and refunds under their own policies, and we cannot issue refunds ourselves. To ask for one, use Apple’s or Google’s refund request process. Prices may change; a new price applies only from your next renewal, after the notice Apple or Google gives you.
Your recordings
My Recordings lets you record or import your own sounds. They are stored only on your device, and you are responsible for them. Only record or import sounds you have the right to use, and do not record another person without their consent. Deleting the app deletes them, so keep your own copies of anything you want to keep.
Content and credits
Fremitus, its software, design, simulations, text, images and animations belong to Tympus or its licensors. Some recordings come from published research datasets under their own licenses; they are credited in the app under About & Credits, and those licenses continue to apply to them. We work hard to keep the clinical content accurate, but medicine changes and errors are possible. If you find one, please tell us.
Changes to the app
We may update, change or remove features, content and supported devices over time. Some features may need a recent operating system.
Disclaimers
Fremitus is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including fitness for a particular purpose, accuracy and non-infringement, and we do not promise the app will be uninterrupted or error-free. Some places do not allow these exclusions, so some of them may not apply to you.
Limitation of liability
To the fullest extent the law allows, Tympus is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, or for any decision made using Fremitus. Our total liability for any claim about Fremitus is limited to the amount you paid for it in the twelve months before the claim. Nothing in these terms limits liability that cannot be limited by law, or your rights as a consumer under the laws of the country where you live.
Ending these terms
You can stop using Fremitus at any time by deleting it. We may suspend or end your license if you break these terms. Sections that by their nature should survive, such as the disclaimers and limits of liability, continue after the license ends.
Governing law
These terms are governed by the laws of the State of Michigan, USA, without regard to its conflict-of-law rules. If you live in the European Union, the United Kingdom or another country whose consumer laws give you the right to bring claims at home, you keep that right.
Changes to these terms
If these terms change, we will update the date at the top and note any significant changes in the app’s update notes. Continuing to use Fremitus after a change means you accept the new terms.
Contact
Tympus LLC, Michigan, USA
hello@tympus.app