Terms of Service for Sentimoto Ltd

  1. These Terms
    These user terms of service (the “Terms”) are a legal agreement between you and Sentimoto Ltd (Company registration no. 08804271), whose registered address is 30 Upper High Street,Thame, Oxfordshire, OX9 3EZ, trading as “Sentimoto” (“Us”, “We” or “Our” shall be construed accordingly) and are the terms upon which We, at Our discretion, permit you to access and use the My Kin mobile application (in each available version, including iOS and android) (each version being referred to hereafter as, the “App”) and the Activities pages of our website located at (www.sentimoto.com) (the “Website”) (the App and Website together, being the “Sentimoto Service”).
  2. Important Notices about the Sentimoto Services
    1. By accessing the Sentimoto Service, you are acknowledging that you have read, understand and accept the Terms. The Terms are available in the English language only.
    2. The Sentimoto Service comprises a platform through which the sensor data of your phone is collected and displayed to estimate your wellbeing (Wellbeing Data) and furthermore on which descriptions of particular activities, events, or information messages (“Activities”) may be posted by Us or by third party Providers of the relevant Activities (“Providers”) for your review. You may then enter into transactions directly with a third party outside of the Sentimoto Service or using the functionality of the Sentimoto Service. You acknowledge that it is the Provider and not Us, who is responsible for the provision of the relevant Activity.
    3. You are advised to print and retain a copy of these Terms for your future reference.
    4. You acknowledge you will not be able to access and Use certain functionalities of the App unless you have internet access through a GPRS, 4G, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.
  3. Account
    1. While you may access the Sentimoto Service without creating an account, in order to access certain functionality and view a particular Activity, you must create an account.
    2. By creating an account with Us, you:
      1. consent to Us conducting verification and security procedures in respect of the information provided by You during the registration process; and
      2. agree to keep your login and account details confidential and secure.
  4. Changes to the Sentimoto Service and these Terms
    1. We reserve the right to alter the Sentimoto Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). We will give you reasonable notice of any material changes to the Sentimoto Service.
    2. We may need to change these Terms for legal or business reasons, and we will give you notice by posting such changes on the www.sentimoto.com/terms-of-service
    3. If We change the Sentimoto Service or the Terms to your detriment, you can end your use of the Sentimoto Service at any time. Please see Section 10 for more details on ending your use of the Sentimoto Service.
  5. Your promises to Us
    1. You warrant that you are at least 18 years old.
    2. You also warrant to Us that all information and details provided by you to Us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time through the account settings section of the Sentimoto Service.
  6. Personal Information
    1. Protecting your privacy is very important to Us. Please review Our Privacy Policy in order to better understand Our commitment to maintaining your privacy as well as Our use and disclosure of your information. By using any Sentimoto Service, you agree to Us using your personal information as described in Our Privacy Policy at www.sentimoto.com/privacy-policy.
    2. By using the Sentimoto Service you consent to Us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of ‘sensor data’ collected from any device on which you have installed the App as deemed necessary by Us to collect and process Wellbeing Data. You may stop us collecting such sensor data from any device by removing the App from that device. Please note that sensor data collected through the use of the Sentimoto Service includes: movement data (from GoogleFit and similar applications); movement data (from accelerators, gyroscopes and barometers); light intensity data (from light sensors or cameras); sound and voice activity data (from microphones); location data (from global positioning units, radio units, cell tower triangulation, wireless units, and BlueTooth); messaging and calling metadata (please note we do not collect the content of calls or messages); and listed application metadata.
    3. You agree that on your death, all of your personal information and other account information relating to Our provision of the Sentimoto Service to you, shall go on being indexed and published through the Sentimoto Service.
    4. While we take reasonable steps to ensure that the Sentimoto Service is reasonably secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the Sentimoto Service may be read or intercepted by others.
    5. Please note that where we include links in the Sentimoto Service to the applications, websites or services of Providers or other third parties, via any Activity or otherwise, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully and make your own independent judgement before using these third party websites or services as We have not checked and approved their content.
  7. Your rights to use the Sentimoto Service
    1. In consideration for you complying with the Terms, We grant you, at Our discretion, a revocable, non-transferable and non-exclusive licence to access and use the Sentimoto Service for your personal use only.
    2. You acknowledge that your use of the Sentimoto Service grants you no rights in or to the Sentimoto Service or any of Our intellectual property rights (including copyright, trade marks and patents) other than the right to use the Sentimoto Service in accordance with the Terms.
  8. Charges and Payments
    1. You may download the App or access the Website free of charge.
    2. If you decide to enter into a transaction with a Provider via the Sentimoto Service in respect of a particular Activity, you acknowledge that the price for the relevant Activity will be as determined by the Provider and as listed in the relevant Activity. We have no authority to amend this price.
    3. You acknowledge and agree that if you enter into a transaction with a Provider via the Sentimoto Service in respect of a particular Activity, We may be entitled to a commission which shall be payable by the Provider .
  9. Restrictions on your use of the Sentimoto Service
    You agree:

    1. not to copy the Sentimoto Service (or any part of it) except where such copying is incidental to your use of the Sentimoto Service in accordance with the Terms;
    2. not to make alterations to, or modifications of, the whole or any part of the Sentimoto Service, or permit the Sentimoto Service or any part of any of them to be combined with, or become incorporated in, any other programs;
    3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Sentimoto Service;
    4. not to remove, modify, alter or use any copyrighted material, brand, trademark or logo owned by Us, or otherwise do anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission;
    5. not to create alternative servers for use with the Sentimoto Service;
    6. not to rely on the accuracy of any data provided to you as part of the Sentimoto Service;
    7. not to use or create software which automatically interacts with the Sentimoto Service, such that the level of user interaction required is less than would be required without that software (except to the extent required for web accessibility purposes);
    8. not to do anything which may disrupt, damage, or impair the Sentimoto Service (or any part thereof), or prevent other users from using any part of the Sentimoto Service;
    9. not to intercept or modify the communications between the Sentimoto Service and Our servers;
    10. not to deliberately exploit any bugs you find in the Sentimoto Service;
    11. not to use the Sentimoto Service for any illegal or unlawful purpose; and
    12. not to provide or otherwise make available the Sentimoto Service in whole or in part (including any object and source code), in any form to any person without prior written consent from Us.
  10. Ending your use of the Sentimoto Service
    1. You can simply choose to stop using the Sentimoto Service. In addition, you may log out from your account via the account settings of the Sentimoto Service. You may also contact Us via the “Contact Us” function and request that we deactivate your account. You may also remove the App from your device(s) at any time
    2. You acknowledge that your use of the Sentimoto Service is subject to Our discretion and We may, in the event of your breach of the Terms, or otherwise at Our sole discretion, withdraw your rights to use the Sentimoto Service on the provision of written notice with immediate effect.
  11. Acceptable use of the Sentimoto Service
    1. You acknowledge that the Sentimoto Service enables you to view Activities and enter into transactions with Providers. We also provide a platform for you to track, view, and share your Wellbeing Data with other users of the Sentimoto Service.
    2. You agree that in using the Sentimoto Service, you agree:
      1. to comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of your use of the App;
      2. to notify Us immediately of any circumstances where any intellectual property rights or any other rights of any third party may have been infringed;
      3. to take reasonable steps to ensure your mobile device contains adequate anti-virus protection;
      4. not to post or otherwise make available any content which is unlawful, defamatory, obscene, offensive, racist, illegal, incites hatred or criminal activity, has the effect of being harassing, threatening or abusive to any individual or group of individuals (including on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise);
      5. not to violate any third party’s rights (including a breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right);
      6. not to knowingly post false, misleading, untruthful or inaccurate information
      7. not to discriminate against other users of the Sentimoto Service;
      8. not to create spam messages;
      9. not to distribute viruses or any other technologies that may harm Us or the interests of any other users of the Sentimoto Service, or otherwise interfere with or disrupt Our systems;
      10. not to do anything to bring Us or the Sentimoto Service into disrepute;
      11. not to solicit or attempt to solicit personal information from any other user;
      12. not to impersonate any other person; and
      13. not to use Our messaging facilities to lie to or deceive other users (i.e. you must not ‘scam’ other users);
      14. not to advertise or promote any business, commercial venture or any products and services, unless expressly permitted by us.
  12. Disclaimers
    1. The information available through the provision of the Sentimoto Service, including both Activities and Wellbeing Data (the “Information”) is provided to you for your personal purposes only.
    2. You acknowledge any sharing of the Wellbeing Data with other users of the Sentimoto Service is done at your own discretion and risk and We accept no responsibility in connection with your decision to share your Wellbeing Data other users. You are advised to ensure that the other users are real people you know and trust independently of the Sentimoto Service.
    3. Please note that while we put in place policies and take reasonable steps to ensure that any Activities are posted by Providers who are reputable, we do not guarantee the accuracy or validity of any Information (including the relevant time, date, cost, or location of any Activity) or in any way endorse the suitability of any Activity for a particular age range. You acknowledge that any transaction entered into following review of any Activity on the Sentimoto Service (whether that transaction is entered into via a Sentimoto Service or directly with the relevant third party) is conducted at your own discretion and risk. You are advised to check any event timings, age suitability, costings and related event information are valid prior to committing to any purchases or attending an event or place.
    4. Where the Sentimoto Service includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
    5. Please note that the Sentimoto Service may include links to third party websites. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and We do not necessarily endorse the views expressed within them.
  13. YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE:
    Your legal rights and the limits on Our liability to you

    1. We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We also accept liability for fraud and fraudulent misrepresentation by Us or Our employees or agents.
    2. If We breach the Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach up to the greater of: (i) the amount of fees amounts paid by you in purchases made through the Sentimoto Service in the preceding 3 months; and (ii) £100. “Foreseeable” means that the losses could have been reasonably contemplated by you and Us at the time of entering into these Terms.
    3. We are not responsible for: (i) losses not caused by Our breach; (ii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and We could not have reasonably anticipated that type of loss arising at the time of entering into the Terms; (iv) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any Information (including any Activity); or (v) failure to provide the Sentimoto Service or to meet any of Our obligations under the Terms where such failure is due to events beyond Our control (for example a network failure).
    4. You have certain rights under the law. Nothing in the Terms (including in this section 13) is intended to or will affect your statutory rights. Save as expressly set out in this Agreement, all conditions, representations, warranties, undertakings or other terms whether express or implied, statutory or otherwise are excluded from this Agreement to the fullest extent permitted by law.
  14. Remedy
    1. If you breach the Terms, then (without limiting any other remedy We may have), We may at Our sole discretion, disable, partially disable, modify, or delete any or all of your accounts, block your IP address or device from accessing the Sentimoto Service, or in any other lawful way partially or fully restrict your access to the Sentimoto Service.
    2. You also agree to compensate Us and keep Us compensated for any loss We suffer (including financial or reputational loss) howsoever arising, as a result of your breach of any of the Terms.
  15. Availability of the Sentimoto Service
    Whilst We use reasonable efforts to provide a reliable service and software, We do not and cannot guarantee that the Sentimoto Service will be available 100% of the time. All software may contain bugs, and all hardware can suffer failures. You also acknowledge that failures, defects or other issues which have a detrimental effect on the Sentimoto Service may occur due to events beyond Our reasonable control.
  16. Rights of third parties
    The Terms are not intended to give rights to anyone except you and Us, except as stated otherwise in Schedule 1.
  17. Assignment
    You acknowledge that We may transfer Our rights and/or obligations under the Terms (and any related claims) to any third party without having to obtain your prior consent.
  18. No waiver of legal rights
    If you breach the Terms and We take no action against you, We will still be entitled to use Our rights and remedies in any other situation where you breach the Terms.
  19. Entire Agreement
    1. The Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the Sentimoto Service. You represent that you have not accepted the Terms in reliance on any oral or written representations made by us that are not contained in the Terms.
    2. You acknowledge that your right to access and use the Sentimoto Service is also subject to:
      – applicable law; and
      – any rules or policies applied by the relevant appstore from which you access the App (as specified in Schedule 1).
  20. Validity
    If any part of the Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
  21. Disputes
    These conditions are governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means: (i) that if you live in the EU, you may enforce your rights in connection with the Terms in the EU member state in which you live; or (ii) if you live in any other jurisdiction which affords you mandatory consumer protection rights, you may enforce your rights in connection with the Terms in accordance with such rights.
  22. Contact Details
    If you have any questions, complaints or comments about Us or the Sentimoto Service (including if any Content of the Sentimoto Service is offensive, defamatory or infringes any third party rights), then please contact Us by email at info@sentimoto.com, in writing by post to Sentimoto Ltd, 30 Upper High Street,Thame, Oxfordshire, OX9 3EZ.

Schedule 1

  1. When accessing the App through the Google Play Marketplace
    You acknowledge that your use of the App is subject to the Google Play terms of service, as set out at https://play.google.com/intl/en/about/play-terms.html (the “Google Play Marketplace Terms”) and in the event of a conflict between these Terms and the Google Play Marketplace Terms, the Terms shall take precedence.
  2. When accessing the App through any other appstore
    You acknowledge that your use of the App may be subject to the terms of service of the relevant appstore through which you access the App.

Updated: 29th September 2017