- the Sentimoto website (www.sentimoto.com) (“Website”)
- the Sentimoto My Kin mobile application software (“App”)
- any services provided by us through the Website or the App
Operating system requirements
- Android devices (version 4 and above)
- Most modern web browsers (home computers, laptops, smartphones, tablets, etc.) at www.sentimoto.com
- the licence and acceptable use restrictions (conditions 3 and 4).
- the User Content conditions (condition 5).
- disclaimers of warranties (condition 13).
- limitations on liability (condition 14).
As a consumer, you have the right to withdraw from your transaction without charge and without any reason before performing the download. However, you will lose the right to cancel the transaction once you begin the download. This does not affect your consumer rights for any downloaded product which are defective.
1.1 From time to time updates to the App may be issued through the Sentimoto Service or an Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
1.4 By using the Sentimoto Service, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for the Sentimoto Service that are internet-based or wireless to improve the Sentimoto Service.
- Grant and scope of licence
2.2 You may, for your personal purposes only:
2.2.1 download a copy of the App and view, use and display the App on Android devices only, version 4 or above.
2.2.2 use the Sentimoto Service through the Website (subject to your web browser permitting access); and
- Licence restrictions for the App
3.1.1 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
3.1.2 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.3 not to copy the App, except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving inter-operability of the App with another software program;
(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(c) is not used to create any software that is substantially similar to the App;
3.1.5 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.1.6 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any service provided through the App (“Technology”).
- Acceptable use restrictions
4.1 You must:
4.1.2 not create accounts with the Sentimoto Service by using an automated device, script, bot, spider, crawler or scraper;
4.1.3 not change, modify, adapt or alter the Sentimoto Service or change, modify or alter another website so as to falsely imply that it is associated with the Sentimoto Service, Sentimoto Ltd or Sentimoto Ltd;
4.1.4 not infringe our intellectual property rights or those of any third party in relation to your use of the Sentimoto Service;
4.1.5 not transmit, or allow to be transmitted, any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Sentimoto Service;
4.1.6 not transmit, or allow to be transmitted, any material that is violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Sentimoto Service;
4.1.7 not bully, abuse, harass, threaten or intimidate people or entities via the Sentimoto Service;
4.1.8 not use the Sentimoto Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.1.9 not collect or harvest any information or data from the Sentimoto Service or our systems or attempt to decipher any transmissions to or from the servers running the Sentimoto Service.
4.2 You acknowledge that the Sentimoto Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Sentimoto Service (in particular the App) meets your requirements.
4.3 We only supply the App and other parts of the Sentimoto Service for domestic and private use. You agree not to use the Sentimoto Service for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.4 By accessing or using the Sentimoto Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use it.
- User Content conditions
5.1 You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, applications, links and other content or materials (collectively, “User Content“) that you submit, post or display on or via the Sentimoto Service. You must comply with all laws, rules and regulations applicable to your use of the Sentimoto Service and your User Content.
5.2 Sentimoto Ltd cannot and will not be responsible for any User Content posted on or via the Sentimoto Service by you or other Sentimoto Service users.
5.3 You represent and warrant that: (i) you own the User Content posted by you on or through the Sentimoto Service or otherwise have the right to post such content; (ii) the posting and use of your User Content on or through the Sentimoto Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Sentimoto Service.
5.6 The Sentimoto Service does not include a backup service and you agree that you will not rely on the Sentimoto Service for the purposes of User Content backup or storage. Sentimoto Ltd will not be liable to you for the loss of any User Content, whether as a result of termination of access to your account or otherwise.
6.1 You must not create accounts with the Sentimoto Service through unauthorised means, including by redeeming a voucher or any other code not personally assigned to you by Sentimoto Ltd or an organisation authorised by Sentimoto Ltd.
6.2 You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account username, or any account rights. You agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Sentimoto Ltd upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
6.3 You agree that you will not solicit, collect or use the login credentials of other Sentimoto Service users.
6.4 You are responsible for keeping your password secret and secure.
6.5 We reserve the right to impose forfeiture of any username for any reason.
- Termination of Sentimoto Service
7.1 We may terminate this Agreement immediately by written notice to you:
7.1.1 if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
7.1.2 if you breach any of the Licence restrictions for the App (condition 3), the Acceptable use restrictions (condition 4) or the User Content conditions (condition 5); or
7.1.3 if we discontinue the App or other part of the Sentimoto Service, or lose any relevant rights required to provide the Sentimoto Service, or provision of the App or other part of the Sentimoto Service becomes unlawful.
7.3 On termination of this Agreement:
7.3.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
7.4 Sentimoto Ltd will not be liable to you for any modification, suspension, or discontinuation of the Sentimoto Service.
- Linked sites
There may be links from the Sentimoto Service, or from communications you receive from the Sentimoto Service, to third-party web sites or features. Functionality on the Sentimoto Service may also permit interactions between the Sentimoto Service and a third-party web site or feature. Sentimoto Ltd does not control any of these third-party website, any services or products offered through them or any of their content. You expressly acknowledge and agree that Sentimoto Ltd is in no way responsible or liable for any such third-party websites, services or features.
- Intellectual property rights
9.2 You acknowledge that you have no right to have access to the App in source-code form.
9.3 The Sentimoto name and logo are trademarks and/or trade dress of Sentimoto Ltd, and/or may be licensed to Sentimoto Ltd, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sentimoto Ltd. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Sentimoto Ltd, and may not be copied, imitated or used, in whole or in part, without prior written permission from Sentimoto Ltd.
9.4 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
9.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.6 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
9.7 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- No reliance on information
The content on our site and on our application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
- Availability of Sentimoto Service
11.1 Although it is Sentimoto Ltd’s intention for the Sentimoto Service to be available as much as possible, there may be occasions when the Sentimoto Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We cannot guarantee that the Sentimoto Service will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability.
11.2 The Sentimoto alerting services that are enabled by mobile communicate via cellular telephone service provided by an independent carrier. The cellular telephone service provided by the independent carrier may fail or go off-line from time to time, and during any such outage our System will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carrier. We are not obligated to provide Services during any such outages. Cellular networks are regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services.
11.3 The Sentimoto Service, including, but not limited to, the App, relies on AC power provided by independent electric companies. The electric power provided by the independent providers may have outages from time to time, and during any such outage our System will be unable to operate. We may not receive timely notice of the power outage from the independent provider. We are not obligated to provide Services during any such outages.
11.4 Parts of the Sentimoto Service are enabled by a wearable device that relies on BlueTooth service provided by the mobile and wearable device. There may be occasions when the link may be interrupted without notice for reasons including, with limitation, the wearable device being far from the smartphone, or due to the failure of the equipment and/or telecommunication links. We cannot guarantee that this component of the Sentimoto Service will operate continuously or without interruptions and we can accept no liability for its unavailability.
- Other users
You are solely responsible for your interaction with other users of the Sentimoto Service. You agree that Sentimoto Ltd is not responsible or liable for the conduct of any user. Exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information.
- Disclaimers of Warranties
YOUR PARTICULAR ATTENTION IS DRAWN TO THIS CLAUSE.
13.1 The Sentimoto Service is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Sentimoto Ltd nor any of its employees, managers, officers or agents (collectively, the ” Sentimoto Ltd Parties “) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Sentimoto Service (including the Website, the App and the Documents); (b) the User Content; or (c) security associated with the transmission of information to the Sentimoto Service or via the Sentimoto Service.
13.2 To the fullest extent permissible by law, the Sentimoto Ltd Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus, in relation to the Sentimoto Service.
13.3 The Sentimoto Ltd Parties do not represent or warrant that the Sentimoto Service will be error-free or uninterrupted; that defects will be corrected; or that the Sentimoto Service or the server that makes the Sentimoto Service available is free from any harmful components, including, without limitation, viruses. The Sentimoto Ltd parties do not make any representations or warranties that the information (including any instructions) on the Sentimoto Service is accurate, complete, or useful.
13.5 The Sentimoto Ltd Parties do not endorse User Content and, to the fullest extent permissible by law, specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content.
13.6 The Sentimoto Ltd Parties
- Limitation of Liability
YOUR PARTICULAR ATTENTION IS DRAWN TO THIS CLAUSE.
14.1.1 death or personal injury resulting from our negligence;
14.1.2 fraud or fraudulent misrepresentation; and
14.1.3 any other liability that cannot be excluded or limited by English law.
14.2 To the fullest extent permissible by law, we accept no liability for:
14.2.1 any indirect or consequential loss or damage arising in connection with your use of the Sentimoto Service; or
14.2.2 any loss of or damage to data (including Patient Data), loss of profit, loss of revenue or loss of business, loss of opportunity, whether direct or indirect in each case, however caused, even if foreseeable.
The loss or damage referred to above include any related to the Sentimoto Service
(a) the User Content
(b) your use of, inability to use, or the performance of the Sentimoto Service
(c) the Patient Data
(d) any action taken in connection with an investigation by the parties or law enforcement authorities regarding your or any other party’s use of the Sentimoto Service
(e) any action taken in connection with copyright or other intellectual property owners
(f) any errors or omissions in the Sentimoto Service’s operation
(g) any action by an Appstore to remove or refuse to process certain information or content
(h) any damage to any user’s computer, device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
14.3 If we are liable to you for any reason that is not excluded under these terms, the total liability of Sentimoto Ltd and its Directors, employees, agents, affiliates and investors will not exceed the fee to download an app (if any) as opposed to any other fees or costs including, but not limited to, any fees associated with a third-party device used in conjunction with the application. You are responsible for ensuring that your Device meets all relevant technical specifications necessary to use the App. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Website or Appstore websites will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14.4 We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
14.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
- Communication between us
17.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us.
- Notice regarding application store providers
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on your mobile device:
You acknowledge and agree that each of Apple, Inc., Google, Inc., Microsoft Corp. and any other third party provider of a mobile application store (each, an “Application Store Provider”) and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, such Application Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and Sentimoto Ltd only, and not such Application Store Provider; (c) Sentimoto Ltd, and not the Application Store Provider, is solely responsible for the App and the content thereof; (d) the Application Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (e) to the maximum extent permitted by applicable law, the Application Store Provider will have no warranty obligation with respect to the App; and Sentimoto Ltd, and not the Application Store Provider, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty; (f) in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Application Store Provider will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) the Application Store Provider will not be responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Information you give us: Personally Identifiable Information and other information (including Patient Data) provided or uploaded by you, such as email addresses, mobile phone numbers, sensor data collected by the mobile phone and any other third-party service that is used by Sentimoto, push notification names (if applicable), billing information (if applicable) and mobile device information, in connection with your use of the Sentimoto Service.
Patient Data: Personally Identifiable Information about patients under your care provided or uploaded by you to use with the Sentimoto Service and App.
Personally Identifiable Information: any information which relates to and identifies a person, including but not limited to name and address, email address, age, gender, personal interests, date of birth and occupation.
Cookies Information: When you visit the Website, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Log File Information: When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (” IP “) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages or the amount of time spent on particular pages.
We endeavour to ensure that all User Provided Information is kept confidential and take reasonable steps to protect such information.
We cannot, however, guarantee the security of the User Provided Information as it may be compromised by unauthorised access, hardware or software failure or other relevant factors.
We cannot guarantee the confidentiality of any User Content or User Provided Information transmitted between you, us and other Sentimoto Service users or members of the general public, as the case may be. We will not be liable to you or anyone else for any loss in connection with any User Content or User Provided Information transmitted made through use of or in connection with the Sentimoto Service.
Use of information
If you submit Personally Identifiable Information to us through the Sentimoto Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Sentimoto Service. In particular, your email address and your mobile number are essential to your use of the Sentimoto Service and will be retained. We may use your email address and mobile number if provided without further consent for non-marketing or administrative purposes, such as notifying you of major Sentimoto Service changes or for customer service purposes.
We do not sell or share your Personally Identifiable Information (such as email address or mobile phone number) with other third-party companies for their commercial or marketing use. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Sentimoto Service.
Sharing of Information
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- To those Companion Users to whom you give permission to receive information collected through the Primary App connected to your smartphone or other mobile device;
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Company or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among Company and its current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Sentimoto Ltd Trading Limited
Registered company in England under number 08804271
Registered office: 30 Upper High Street, Thame, Oxfordshire, OX9 3EZ