These Terms of Use (“TOU”) explain the terms by which you may use GUANGDONG TRANSTEK MEDICAL ELECTRONICS CO.,LTD. (“Transtek”, “Lifesense”, “we” or “us”) online and/or mobile services, web site, and software provided on or in connection with Lifesense services (collectively, the “Service”). By accessing or using the Service, you acknowledge that you have read, understood and agree to be bound by this TOU and to the collection and use of your information as set forth in the Lifesense Privacy Policy, whether or not you are a registered user of the Service. In case you do not understand or agree to any of the terms in this TOU, you may not use the Service. Lifesense reserves the right to make unilateral modifications to this at any time and will provide notice of these changes as described below. This TOU applies to all visitors, users, and others who access the Service (“Users”).
Use of the Service
You may use the Service only if you can form a binding contract with Lifesense, and in compliance with this TOU and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under thirteen is strictly prohibited and in violation of this TOU. The Service is not available to any Users previously removed from the Service by Lifesense.
Subject to the terms and conditions of this TOU, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Lifesense reserves all rights not expressly granted herein in the Service and the Content (as defined below). Lifesense may terminate this license at any time for any reason or no reason.
Lifesense may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this TOU, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this TOU.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Transtek shall have no liability for your interactions with other Users, or for any User’s action or inaction.
User Content
Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). Lifesense claims no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this TOU. Lifesense has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Transtek reserves the right, but is not obligated, to reject and/or remove any User Content that Transtek believes, in its sole discretion, violates any of these provisions.
For the purposes of this TOU, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this TOU, and each such person has released you from any liability that may arise in relation to such use.
B. You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
C. Your User Content and Transtek’s use thereof as contemplated by this TOU and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
D. Transtek may exercise the rights to your User Content granted under this TOU without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Transtek takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Lifesense shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
User Content License Grant
By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Lifesense a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Transtek’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this TOU.
Lifesense Software
Lifesense may make available software to access the Service via a mobile device (“Lifesense Software”). To use the Lifesense Software, you must have a mobile device that is compatible with the Lifesense Software. Lifesense does not warrant that the Lifesense Software will be compatible with your mobile device. You may use mobile data in connection with the Lifesense Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Lifesense hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Lifesense Software for one Lifesense account on one mobile device owned or leased solely by you. You may not: (i) modify, disassemble, decompile or reverse engineer the Lifesense Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Lifesense Software to any third party or use the Lifesense Software to provide time sharing or similar services for any third party; (iii) make any copies of the Lifesense Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Lifesense Software, features that prevent or restrict use or copying of any content accessible through the Lifesense Software, or features that enforce limitations on use of the Lifesense Software; or (v) delete the copyright and other proprietary rights notices on the Lifesense Software. You acknowledge that Lifesense may from time to time issue upgraded versions of the Lifesense Software, and may automatically electronically upgrade the version of the Lifesense Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this TOU will apply to all such upgrades. Any third-party code that may be incorporated in the Lifesense Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Lifesense Software or any copy thereof, and Lifesense or its third-party partners or suppliers retain all right, title, and interest in the Lifesense Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this TOU, is void. Lifesense reserves all rights not expressly granted under this TOU. If the Lifesense Software is being acquired on behalf of the United States Government, then the following provision applies. The Lifesense Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this TOU and is prohibited except to the extent expressly permitted by this TOU. The Lifesense Software originates in the People’s Republic of China, and is subject to Chinese export laws and regulations. The Lifesense Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the People’s Republic of China or United States. In addition, the Lifesense Software may be subject to the import and export laws of other countries. You agree to comply with all Chinese and foreign laws related to use of the Lifesense Software and the Service.
The following applies to any Lifesense Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this TOU is solely between you and Lifesense, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this TOU and any law applicable to Lifesense as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this TOU and any law applicable to Lifesense as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Lifesense, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this TOU. You and Lifesense acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this TOU as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOU as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
Lifesense Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Lifesense Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Lifesense and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this TOU shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Lifesense Content. Use of the Lifesense Content for any purpose not expressly permitted by this TOU is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Lifesense under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Lifesense does not waive any rights to use similar or related ideas previously known to Lifesense, or developed by its employees, or obtained from sources other than you.
The Service contains data, information, and other content not owned by you (“Lifesense Property”). You understand and agree that regardless of terminology used, Lifesense Property represents a limited license right governed solely by the terms of this TOU and available for distribution at Lifesense’s sole discretion. Lifesense Property is not redeemable for any sum of money or monetary value from Lifesense at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Lifesense on Lifesense servers, including without limitation any data representing or embodying any or all of Lifesense Property. You agree that Lifesense has the absolute right to manage, regulate, control, modify and/or eliminate Lifesense Property as it sees fit in its sole discretion, in any general or specific case, and that Lifesense will have no liability to you based on its exercise of such right. All data on Lifesense’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON LIFESENSE’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN LIFESENSE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. LIFESENSE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON LIFESENSE’S SERVERS.
Paid Services
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as Lifesense may update them from time to time. Lifesense may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to the pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this TOU.
You may cancel your Lifesense account at any time; however, there are no refunds for cancellation. In the event that Lifesense suspends or terminates your account or this TOU for your breach of this TOU, you understand and agree that you shall receive no refund or exchange for any Lifesense Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
All products that may be purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Lifesense. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when Lifesense or our supplier delivers these items to the carrier.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Privacy and Security
Lifesense cares about the privacy of its Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in Lifesense’s Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the People’s Republic of China.
Lifesense cares about the integrity and security of your personal information. However, Lifesense cannot guarantee that unauthorized third parties will never be able to defeat its security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Disclaimer
The Service is provided for your convenience only. Although Lifesense has attempted to provide accurate information through the Service, it assumes no obligation or responsibility regarding the accuracy of the information whatsoever. Lifesense may change the contents available on the Service or the products mentioned at any time without notice.
THE SERVICE IS PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. LIFESENSE HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFESENSE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LIFESENSE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
LIFESENSE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LIFESENSE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS TOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS TOU WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIFESENSE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY DEVELOPER APPLICATION. UNDER NO CIRCUMSTANCES WILL LIFESENSE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIFESENSE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LIFESENSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT, DEVELOPER APPLICATION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LIFESENSE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LIFESENSE HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIFESENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the People’s Republic of China. Lifesense makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations of the People’s Republic of China and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the People’s Republic of China, or are a foreign person or entity blocked or denied by the Chinese government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the People’s Republic of China.
Product Availability
The availability of the products and services described through the Service, and the descriptions of such products and services, may vary in your country or area. Please consult with Lifesense 's local sales representatives or agents for specific products and/or services information.
Links to Third Parties
The Service may contain links to third-party materials that are not owned or controlled by Lifesense. Lifesense does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Lifesense’s Privacy Policy do not apply to your use of such sites. You expressly relieve Lifesense from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Lifesense shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Although links to third party websites or materials that are not owned or controlled by Lifesense may be contained on the Service for your convenience, Lifesense does not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access a third party website or service from the Service or share your User Content on or through any third party website or service, you do so at your own risk, and you understand that this TOU and Lifesense’s Privacy Policy do not apply to your use of such sites. You may need to review and agree to applicable rules of use when using such third party website or service. You expressly relieve Lifesense from any and all liability arising from your use of any third party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Lifesense shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Accounts, Passwords and Security
You may control your User profile and how you interact with the Service by changing your preferences. By providing Lifesense your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Certain features or services offered on or through the Service may require you to open an account. If you create an account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this TOU, and that you agree to this TOU on the entity’s behalf. By connecting to Lifesense with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. Lifesense encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to notify Lifesense immediately of any unauthorized use of your account or password, or any other breach of security. Lifesense will not be liable for any losses caused by any unauthorized use of your account and you will be held liable for losses incurred by Lifesense or any other User due to someone else using your Lifesense ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Lifesense ID, password or account at any time without the express permission and consent of the holder of that Lifesense ID, password or account. Lifesense cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Only authorized users can access to and make use of password protected and/or secure areas of the Service. Unauthorized users attempting to access such areas may be subject to prosecution.
Indemnity and Breach
You agree to defend, indemnify and hold harmless Lifesense and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Lifesense will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this TOU.
Applicable Law and Jurisdiction
You agree that: (i) the Service shall be deemed solely based in the People’s Republic of China; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the People’s Republic of China. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law, excluding its conflict of law provisions. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3) in accordance with such rules. The arbitration proceedings shall be conducted in English. Any awards thereof shall be final and binding upon the applicable parties.
General
This TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lifesense without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Lifesense may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Lifesense in its sole discretion. Lifesense reserves the right to determine the form and means of providing notifications to its Users, provided that you may opt out of certain means of notification as described in this TOU. Lifesense is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Lifesense may, in its sole discretion, modify or update this TOU from time to time, and so you should review this page periodically. When we change this TOU in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new TOU. If you do not agree to any of these terms or any future TOU, do not use or access (or continue to access) the Service.
This Agreement, together with any amendments and any additional agreements you may enter into with Lifesense in connection with the Service, shall constitute the entire agreement between you and Lifesense concerning the Service. If any provision of this TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this TOU, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this TOU shall be deemed a further or continuing waiver of such term or any other term, and Lifesense’s failure to assert any right or provision under this TOU shall not constitute a waiver of such right or provision.
Please contact us at support@lifesense.com with any questions regarding this TOU.
This Agreement was last modified on 2017/3/25.
Lifesense Privacy Policy
Lifesense APP and Lifesense brand is developed and owned by GUANGDONG TRANSTEK MEDICAL ELECTRONICS CO.,LTD. (“Transtek”, “Lifesense”, “we” or “us”), which is a global organization, with legal entities, business processes, management structures, and technical systems that cross borders.
This Privacy Policy explains how we collect, use, disclose, and protect information that applies to the Service, and your choices about the collection and use of your information. Our privacy practices are designed to provide protection for your personal information, all over the world. We may share your personal information within Lifesense and transfer it to countries in the world where we do business. Some countries may provide less legal protection for your information. In such countries Lifesense will still handle information in the manner we describe here. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.
Collection and Use of Personal Information
Personal information is data that can be used to identify or contact a single person. You may be asked to provide your personal information anytime you are in contact with Lifesense or a Transtek affiliated company. Transtek and its affiliates may share this personal information with each other or third-party business partners and use it consistent with this Privacy Policy. We may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.
What personal information we collect
We collect a variety of personal information about our users so that we can provide the Service. We do our best to be as transparent as possible about our data practices and to provide you with choices about how your data is used when possible. The categories of information we collect can include:
Registration and profile information collected when you join the Service: When you create a Lifesense application account, register your products, purchase a product, perform certain functions, download any software or software update, contact us or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, and other contact and personal information. We may collect billing information if you sign up for certain functions or paid services or if you make a payment to Lifesense through the Service.
Information we may collect from third parties: We may receive information about you from third parties. For example, if you access our websites or Service by logging in through or liking us on Facebook or following us on Twitter. The data we receive is dependent upon your privacy settings with such third party websites or services. You should always review, and if necessary, adjust your privacy settings on third party websites and services before linking or connecting them to the Service.
Monitoring user activity: We may, at our discretion, monitor the data and that take place on the Service, such as on heart rate, steps, weight, and communications on Lifesense forums, in order to protect our users and monitor the effectiveness of our Service. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
How we use your personal information
The personal information we collect allows us to keep you posted on Lifesense’s latest product announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences. We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes. From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Lifesense, you may not opt out of receiving these communications. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Transtek’s products, services, and customer communications. If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
Sharing your personal information
We will not rent or sell your information to third parties outside Transtek and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below or elsewhere in this Privacy Policy:
Who we may share your information with: We may share your information with third party business partners for the purpose of providing the Service to you. Those business partners will be given limited access to your information as is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy.
Who you may choose to share your User Content with: Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. To change your privacy settings on the Service, please change your preferences. Subject to your profile and privacy preferences, any User Content that you make public is searchable by other Users. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.
What happens in the event of a change of control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Sharing certain service type information, we collect about you: We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with our third party business partners for the purposes described in this Privacy Policy. We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
We may also share certain information such as your location, browser and cookie data and other data relating to your use of the Service with our business partners to deliver advertisements (“ads”) that may be of interest to you. We may allow third party ad servers or ad networks to serve advertisements on the Service. These third party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service, and to measure the effectiveness of their ads and to personalize the advertising content. We do not sell, rent, or share the information we collect directly from you or about you from third parties with these third-party ad servers or ad networks for such parties’ own marketing purposes.
Please note that an advertiser may ask us to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, we determine the target audience and we serve the advertising to that audience and only provide anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.
This Privacy Policy does not apply to, and we cannot control the activities of, third party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.
Storing and protecting your personal information
Your information collected through the Service may be stored and processed in the People’s Republic of China or any other country in which Transtek or its subsidiaries, affiliates, service providers or third-party business partners maintain facilities. We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from the laws of the People’s Republic of China, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the People’s Republic of China or any other country in which Transtek or its parent, subsidiaries, affiliates, service providers or third-party business partners maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
We care about the security of your information, and use commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Transtek, at all times. However, we cannot ensure or warrant the security of any information you transmit to Transtek or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy preferences may also be affected by changes to the functionality of third party sites and services that you add to the Service, such as social networks. We are not responsible for the functionality or security measures of any third party.
In the event that any information under our control is compromised as a result of a breach of security we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Your choices about your information
You may update your account information and email-communication preferences at any time by logging into your account and changing your preferences. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at support@lifesense.com.
Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Lifesense or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at support@lifesense.com.
Following termination or deactivation of your User account, we may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes.
Children’s Privacy
The Service and its content are not directed at children under the age of thirteen. In the event that we learn that we have collected personal information from a child under age thirteen without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of thirteen, please contact us at support@lifesense.com.
Links to other Websites and Services
We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not have any control over any third-parties that you authorize to access your User Content. If you are using a third party website or service (e.g., Facebook) and you allow such a third party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.
Cookies and other Tracking Technology
We automatically collect certain types of usage information when you visit our website or use the Service. For instance, when you use Lifesense devices, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your phone that uniquely identifies your device and lets us help you log in faster and enhance your navigation through the Lifesense App. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information about your phone or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time, as we believe that there is no consistent industry standard for how to respond to Do Not Track browser settings.
When you access our Service by or through a mobile device, we may receive or collect and store a unique identification number associated with your device (“Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
When you upload photographs or other User Content to the Service, those files may contain location information or other metadata. This metadata may be accessible to others if you share content on the Service.
We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (ii) provide custom, personalized content and information, including advertising; (iii) provide and monitor the effectiveness of our Service; (iv) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (v) diagnose or fix technology problems; and (vi) otherwise to plan for and enhance our service.
We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Service through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org. Depending on your mobile device, you may not be able to control tracking technologies through settings. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at support@lifesense.com.
Required Disclosures
We will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (iii) to exercise or protect the rights, property, or personal safety of Lifesense, our Users or others.
How to Contact Us
If you have any questions about this Privacy Policy or the Service, please contact us at support@lifesense.com.
Changes to Our Privacy Policy
We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner a notice will be posted on our website home page, we will inform all subscribers and customers of the details of such changes by email, and we will update the ‘last modified’ date at the bottom of this page.
This Privacy Policy was last modified on 2017/3/25.