Terms of Use

SensCare Terms of Use

This Terms of Use document represents a legally binding agreement between you and SensCare. By interacting with our website, or our services, you agree to be bound by the terms of this agreement. Please carefully read this Terms of Use document and keep a copy of it for your reference.

If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our services.

These Terms of Use do not interfere with any obligation or authorization provided in any other agreement concluded between you and SensCare. Provisions of any individual agreement between you and SensCare supersede provisions from these Terms of Use.

1. Definitions and interpretations
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Use. Defined words can be recognized throughout this document by the capitalized first letter.

• ‘Terms/Agreement’ refers to the latest version of this Terms of Use document.
• ‘Privacy Policy’ refers to the latest version of the SensCare Privacy Policy document.
• ‘We/Us/SensCare’ refers to SensCare LLC with its registered headquarters at ______________.
• ‘Site’ refers to the website available at https://senscare.com/, or any other url which may host SensCare websites or Services.
• ‘Services’ refers to the functionality of the Site, availability of the Content, and other services provided by SensCare.
• ‘Platform’ refers to the Site and Services collectively.
• ‘User/You’ refers to any person or legal entity interacting with the Platform.
• ‘Party/Parties’ refers to either User or SensCare when used in singular form and to both User and SensCare when used in plural form.
• ‘Third-Party’ refers to any natural or legal entity other than Users and SensCare.
• ‘Content’ refers to all images, text, audio and video data or any other information located on the Platform or obtained through the Platform.
• ‘Confidential Information’ refers to any and all information disclosed between the Parties in relation to the Services. Confidential Information does not cover information that was known either party prior to disclosure or information that was made available to the public.
• ‘Intellectual Property’ refers to any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, service marks, copyrights, computer software, ideas, creations, writings, lectures, illustrations, photographs, motion pictures, scientific and mathematical models, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form.

1.2 Titles and headings provided in these Terms are for convenience and ease of access only and they will not affect the interpretation of the Terms.

1.3 Terms and abbreviations not defined in this section shall have the usual meaning unless the context otherwise requires.

2. General provisions
(A) Eligibility

2.1 By using our Services, you confirm that you (i) have full legal capacity to enter into a binding agreement, (ii) that you will provide true, accurate, current, and complete information where requested, (iii) that you will not use the Platform contrary to these Terms or applicable laws. If you are interacting with the Platform on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this Agreement and to perform obligations as defined herein.

2.2 The Platform or some of its parts may be accessed globally and we may not control who uses the Platform, so it is upon you to assess whether using the Platform complies with your local laws and regulations. If any part of the Platform is not compatible with your local laws, you agree to stop using the Platform. Some Services may not be available in your region and you agree to abide by such limitation.

(B) Scope of the services

2.3 SensCare offers a Platform through which Users can seek service providers, access information and educational material or offer their services to other Users. SensCare only provides a venue for the Users to access available information and SensCare will in no way be considered as the seller, carrier, manager, controller, or supplier of the services that may be advertised on the Platform. Any service offered by the Users through the Platform is their sole responsibility. Ordering services from other Users creates a legally binding relationship between the Users, subject to any additional terms and conditions agreed in private communication. SensCare is not a party or a participant in a contractual relationship between the Users. SensCare does not act as an agent or representative of any User. SensCare does not endorse any User or User provided services. We take reasonable measures to ensure all Users behave in accordance with these Terms. However, that does not mean that we guarantee that such confirmation is accurate, current, or complete.

2.4 SensCare does not guarantee that the information on the Platform is correct or accurate. You are strongly advised to conduct your own additional research before reliance on the Content on the Platform. You understand that Users may post content that contains errors or is otherwise untrue and that Platform may experience bugs or malfunctions. Although we continually take measures to assure the validity of the Content, we do not accept any responsibility for the Content made available through the Platform.

2.5 We are continually improving our Platform and we may from time to time add, remove, amend or upgrade our Services. Full list and description of Services is available on the Platform. We may display on the Platform some Services that are currently unavailable but will be provided in the future and we will inform you through the Platform on any new active Service when it becomes available.

2.6 SensCare cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. SensCare cannot and does not guarantee that its Services will be operational 100% of the time. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the SensCare area of influence, (v) bugs in code, hardware or Services without a commercially known fix.

(C) Registration

2.7 When registering on our Platform or otherwise interacting with the Platform, Users are required to provide true, accurate, current, and complete information about themselves as prompted by the registration process. You agree to update your information should there be any changes, to keep registered information true, accurate, current, and complete. If you provide information contrary to these conditions, we may deny you or terminate your access to the Platform or parts of it. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current, and complete.

2.8 You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.

(D) Subscription

2.9 Subscription plans and their scope, limitations, and duration are available on the Site. Subscription period starts on the day the subscription fee is processed (Start Date) and ends on the same day in the month in which the selected duration of subscription period expires. In case the month in which the subscription period expires does not have the date which matches Start Date, subscription period will end on the last day in that month.

2.10 Subscription period will automatically renew at the end of the current subscription period. Renewed subscription period will be by default for the same duration as the current subscription period. Subscription fee for the renewed subscription period will be calculated in accordance the prices that were in effect ten (10) days prior to the expiry of the current subscription period. If you wish to stop using our Services, you may cancel your account or discontinue automatic renewal option in your User account before the expiry of the current subscription period.

(E) Acceptable use policy

2.11 You agree that you will not misuse our Platform. A “misuse” is any use, access, or interference with the Platform contrary to these Terms, our Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to provide a reasoning for such measure. During your use of our Platform, you will especially not, without limitation, do anything of the following:

• send or otherwise post unauthorized commercial communications (such as spam) through the Platform;
• collect Users’ content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
• upload viruses or other malicious code;
• bully, intimidate, or harass any other User;
• post or transmit content, which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains
• graphic or gratuitous violence or is otherwise objectionable to third parties;
• harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other
• person from using or enjoying the Platform;
• take any action creating a disproportionately large usage load on our Platform unless expressly permitted by us;
• post or transmit content that is misleading;
• communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
• encourage participation in or promote any contests, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;
• post or transmit hyperlinks to other websites that violate these Terms;
• facilitate or encourage any violation of these Terms.

2.12 Users are solely responsible for their own content and the consequences of making the content available to third parties.

2.13 If, for any reason, your account, or any part thereof, is suspended, banned, restricted, blocked, terminated or otherwise disabled by SensCare, you agree to abide by such decision. You may not create another account with the intent to bypass these limitations or attempt to circumvent any limitation imposed on your account without our permission. Any effort to evade these limitations may result in the termination of all current and future accounts you register.

2.14 You hereby agree that you will not behave contrary to good business practices and generally accepted corporate ethics. You will not mislead other Users, make false representations or make promises you do not intend to keep. Only enter into a binding relationship if you are able to comply with the obligations undertaken. We may suspend your account if we suspect that your behavior is in violation of these requirements.

2.15 You hereby understand that by providing false information on or through the Platform you may expose yourself to both civil and criminal liability. In some jurisdictions fraudulent misrepresentation is considered a crime, and may entail incarceration. Providing false advertising, false financial reports, or otherwise providing incorrect information may be a cause for the civil liability and basis for awarding damages to anyone relying on such information. Liability for the content or information which you provide is solely on you, and we will not take any action to intervene or represent your case. We do not check the factual correctness of the content and we may not be held liable in case of publishing incorrect information.

(F) Contact

2.16 If you have any question or suggestion, you can contact us at support@mysenscare.com3. Intellectual property
(A) Proprietary rights

3.1 All Intellectual Property rights connected to the Platform and Content are the sole property of SensCare or are used under appropriate licenses or permissions. Nothing in these Terms shall be understood or intended for transfer of such intellectual property rights to you or any other Third-Party.

3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform provided by SensCare. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Platform; distribute, transfer, sublicense, lease, lend or rent the Platform to any Third-Party; reverse engineer, decompile or disassemble the Platform; or make the functionality of the Platform available to multiple users through any means. Nothing in these Terms shall give to the User or any other person any right to access or use the source code or constitute any license of the source code. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Platform or any Service to which it connects, with or without notice and without liability to you.

3.3 The Platform or parts of it may be made available or accessed in connection with Third-Party services and content (including advertising) that SensCare does not control. You acknowledge that different terms and policies may apply to your use of such Third-Party services and content. In no event shall SensCare be responsible or liable for any content or services of such Third-Party providers.

(B) Confidential information

3.4 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to SensCare and SensCare may disclose certain Confidential Information to the users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any Third-Party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.

(C) User-generated content

3.5 If you post content on or through the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform and on any other marketing material we may create. Whenever we might use the User Generated Content, we will give appropriate credit to the content provider through their name.

3.6 Users may be able to leave reviews and comments regarding their experience with specific service providers and for specific services. We may publish such reviews and comments on the appropriate page for the purpose of informing other Users on previous experiences. We reserve the right to refuse to publish, to remove or amend the reviews and comments from Users, at our sole discretion.

3.7 We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that SensCare bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform. You further understand that by providing your content online, other people will have access to such content, and they will be able to copy, share, or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.

(D) Third-Party content

3.8 Some content on the Platform, such as advertisement, may be provided by the Third-Parties. We are not responsible for such content, nor do we monitor, or control content provided by the Third-Parties.

4. Payment and early termination
4.1 Use of Services may be subject to applicable fees as displayed on the Platform. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.

4.2 We reserve the right to amend the prices or to institute new fees at any time without notice and notice period. New or changed fees will be applicable from the moment of publishing the changes on the Platform.

4.3 Users may cancel their subscription either by turning off the auto renewal option, in which case the subscription terminates after the expiry of the current subscription period, or immediately through cancellation procedure and payment of the early termination fee. If user delete or deactivate their account anytime during a subscription period, the early termination fee will apply. If you want to cancel your subscription immediately, please let us know through email support@mysenscare.com Early termination fee depends on the chosen subscription plan and is equal either to the total remaining monthly subscription fees or the following amounts, whichever is less:

• One month’s subscription fee for subscription period of three months
• Two month’s subscription fees for subscription period of six months
• Three month’s subscription fees for subscription period of twelve months.

4.4 Early termination fee does not replace nor affect the monthly subscription fee that is due for the month in which the subscription is terminated. Early termination fee is due immediately, on the day of termination.

5. User’s privacy
5.1 SensCare is subject to European Union regulation for processing of personally identifiable information, and we aim to comply with the highest technical and organizational standards for sensitive data handling.

5.2 You can find more information about how we handle information about you in our Privacy Policy. If you have any questions about your rights or our privacy practices, please contact us at legal@mysenscare.com

6. Term and termination
6.1 The effective date of these Terms is indicated in the heading of the document. The Terms become applicable from the moment of your first access to the Platform and remain to be applicable until you delete your account and stop using the Platform.

6.2 We may terminate your access to the Platform at any time with or without reason and without notice. We may also suspend your account and prevent you from registering a new account if you breach these Terms.

6.3 You may terminate this Agreement at any time by deleting your account and ceasing your use and access of the Platform.

6.4 Upon termination all provisions of this Agreement shall cease to have effect between SensCare and you, except that any provision which can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.

7. Indemnity
7.1 You will indemnify and hold harmless SensCare, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your violation of these Terms.

8. Limitation of liability
8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SENSCARE SERVICE IS TO STOP USING THE SENSCARE SERVICES.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SENSCARE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SENSCARE SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF SENSCARE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SENSCARE’S AGGREGATED LIABILTY EXCEED THE AMOUNT YOU PAID SENSCARE, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8.3 SensCare does not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from such information. SensCare is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Platform, nor caused by the delay, malfunction of the operation or the availability of the Platform. Although we strive for accuracy in the Content we provide through the Platform, we do not make any guarantee or representation as to the exactness and the accuracy of such Content.

8.4 SensCare is not liable for any payment, performance, or dispute between the Users. All issues between the Users should be handled between themselves and SensCare will not get involved in any manner. Choosing a service provider or a customer is your personal decision, and you are advised to conduct additional research before making the decision. Any issue which might arise between you and other User is in no way the responsibility of SensCare, and you agree that you will not hold SenseCare liable for any damage, caused either directly or indirectly by the User. You agree to release us from all liability for any damages, losses, and other inconveniences that may arise out of your interaction with other Users and Third-Parties or your use of Third-Party services.

9. Health disclaimer
9.1 The Platform is not, nor they should be considered as, without limitations, medical or psychological advice. You should not use any information made available through the Platform to substitute an advice, diagnosis or a treatment recommended by a healthcare professional. In the event that information in the Platform relates to, any health or medical suggestions to be provided/advertised, in no circumstances should such content be construed for the use of diagnosing, treatment, cure or prevention of any medical or psychological conditions, health problems or illnesses. You are specifically reminded and advised to contact your primary care physician and/or psychotherapist for specific treatment and care. We are not responsible for the results of your decisions resulting from the use of the Platform or the information contained herein, including but not limited to your choosing to seek or not to seek medical care, or your choosing or not choosing a specific treatment based on the information acquired through the Site.
10. Changes
10.1 SensCare may make changes or replace our Terms at any time. We will post such changes, replacements and updates on the Platform and inform you via email where possible prior to changes being effective, and such change, replacement and update to our Terms will take effect immediately upon publishing on the Platform, and if the changes affect your current subscription period, they will take effect upon your subscription renewal. These Terms apply regardless from which device or operating system you access our Platform.

11. Governing laws and choice of forum
11.1 This Agreement shall be governed by and construed under the laws of _________, without regard to its conflict of law provisions, and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that if you have any dispute with SensCare you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts in the city of _____________.

12. Final provisions
12.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.

12.2 Any failure to exercise or enforce any right or the provision of this Agreement shall not constitute a waiver of such right or provision.

12.3 Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.

12.4 These Terms represent an entire agreement between you and SensCare regarding the use of SensCare Platform. Any subsequently executed agreement between the Parties shall take precedence over this Agreement.

12.5 These Terms may be made available on different languages, however the English version is considered authentic and prevailing.