Terms and Conditions
Welcome to Sense-U!
We offer a variety of products and services ranging from consumer products, websites, mobile applications, customer support, and other products or services We refer to those products services collectively as the “Product” or “Products.”
Please read these Terms and Conditions carefully. By purchasing, installing, downloading, or otherwise accessing or using our Products, you are agreeing to these Terms and Conditions and are creating a legally binding contract regarding your use of our Products. If you do not agree to these Terms and Conditions, do not use our Products.
Because our Products take many forms, additional terms or product requirements may apply and are included with the relevant Products. Those additional terms and Product requirements become part of your contract with us.
1. Consumer Products
Our Products are consumer products, not medical devices. They are not intended for use as a medical device or to replace a medical device. They do not and are not intended to diagnose, cure, treat, alleviate or prevent any disease or health condition or investigate, replace or modify anatomy or any physiological process.
The accuracy of the data collected and presented through the Products is not intended to match that of medical devices or scientific measurement devices. OUR PRODUCTS DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS. RATHER, USE OF THE PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.
None of the Products are intended for emergency situations. If you think you OR YOUR CHILD may have a medical emergency, call your doctor or emergency services immediately. Never disregard professional advice or delay in seeking it because of information you read about the Products.
2. Use of Our Products
Don’t misuse our Products. Use our Products for their intended purpose only. Our Products are not medical products. They do not and are not intended to diagnose, cure, treat, alleviate or prevent any disease or health condition or investigate, replace or modify anatomy or any physiological process. They are consumer products intended to promote general well-being. Never use our Products to replace good parenting, common sense, or appropriate medical care.
Don’t try to access our Products using a method other than the interface and the instructions that we provide. Use our Products only as permitted by law, including applicable export and re-export control laws and regulations. If you use our Products improperly, we may stop providing our Products to you.
3. Age Restrictions.
You must be at least 18 years old to use our Products. By agreeing to these Terms and Conditions, you are telling us that:
(a) you are at least 18 years old;
(b) you have not previously been suspended or removed from the use of the Products, and
(c) your registration and your use of the Products complies with the law.
4. Notices and Restrictions.
The Services may contain Content provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
5. Availability of Content.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
6. Rules of Conduct.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service and/or under law. You are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including, without limitation, any User Content, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
7. Apple, Inc. Device and Service Terms.
If you are accessing the Services on a device provided by Apple, Inc. (“Apple”) or otherwise obtained access to the Services through the Apple App Store, the following terms shall apply:
Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the Services or Content;
The Services are licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as applicable;
You will only use the Services in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
In the event of any failure of the Services to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Services;
You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our Services;
You acknowledge and agree that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and we acknowledge and agree that, in your use of the Services, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
8. Payments and Billing.
a). Paid Services
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see individual products or services pages for a description of the current Paid Services for that product or service. Certain Paid Services may require you to pair the hardware and software of the product in order to use the Services, or pay for such services on a third-party site. You agree to pay all applicable fees, as described in the applicable Services and the individual products pages (and/or on the applicable App Store or Google Play pages) for the applicable product or service, in connection with such Services, and any related taxes or additional charges. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
b). Billing
When you chose to use a credit card for your payment, we use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. Presently, and depending on the Service that you decided to purchase, we offer Payment processors such as, Shopify payments, Paypal, Amazon pay, Google pay, Affirm, Apple Pay, or any other Payment Processors that may be utilized by the App Store or on Google Play. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c). Payment Method
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, your account will be suspended.
d). Recurring Billing
Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE (OR THE AUTHORIZED PAYMENT PROVIDER, AS APPLICABLE) MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, VIEW YOUR SUBSCRIPTIONS OPTIONS ON YOUR IOS OR ANDROID DEVICE.
e). Current Information Required.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE WITHIN YOUR PAYMENT OPTIONS FOR YOUR IOS OR ANDROID DEVICE, IF APPLICABLE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
f). Change in Amount Authorized.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
g). Auto-Renewal for Subscription Services.
Unless you opt out of auto-renewal, which can be done through your Account Settings or through the settings on your iOS or Android device, if applicable, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change your Subscription Services at any time, go to Account Settings (or the settings on your iOS or Android device, if applicable). If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
h). Reaffirmation of Authorization.
Your non-termination or continued use of a Paid Service reaffirms that we (and our applicable payment processors) are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
i). Free Trials and Other Promotions.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at info@sense-u.com.
j). Termination.
This Terms of Service shall be effective until terminated by us or you. We reserve the right, at any time, with or without notice, to: (i) discontinue or modify any aspect of the App and the Services; and/or (ii) terminate this Terms of Service and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only remedy and recourse is to immediately discontinue use of the Services.
k). Termination of your account.
If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, this section, licenses of User Content, ownership and intellectual property rights provisions, warranty disclaimers, assignment, privacy, indemnity and limitations of liability. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
9. Dispute Resolution
We strive to provide you with Products that you will enjoy using. However, we understand that sometimes you may not be satisfied with the Products. We both agree to use our best efforts to resolve any dispute between us in an amicable manner.
10. Arbitration
If we cannot resolve any dispute in an amicable manner, we both agree to submit any dispute between us to binding arbitration. Arbitration is a less formal way to resolve disputes than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. The arbitrator can award the same damages and relief that a court can and has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
We will use the International Chamber of Commerce Rules of Arbitration in the arbitration. You can read about the International Chamber of Commerce at https://iccwbo.org/ and their arbitration services at https://iccwbo.org/dispute-resolution-services/arbitration/.
There are a few exceptions to submitting all disputes to arbitration. In particular, either of us may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, BOTH OF US ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
11. About these Terms and Conditions
We may modify these Terms and Conditions or any additional terms that apply to a Product. You should look at these Terms and Conditions regularly. We’ll post notice of modifications to these Terms and Conditions on this page. If you do not agree to the modified Terms and Conditions for a Product, you should discontinue your use of that Product.
If there is a conflict between these Terms and Conditions and the additional terms, the additional terms will control for that conflict.
These Terms and Conditions are a legal agreement between us. They do not create any third party beneficiary rights.
If you do not comply with these Terms and Conditions and we don’t take action right away, our inaction does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms of these Terms and Conditions.
For more information, you may contact us at info@sense-u.com