Terms of Service

PLEASE READ THIS LICENSE AGREEMENT BEFORE USING THE SENSTREAM MOBILE APPLICATION
THESE CONDITIONS GOVERN THE NON-EXCLUSIVE LICENSE TO USE SENSTREAM, INC. SENSTREAM MOBILE APPLICATION (THE “APP”), BY DOWNLOADING, INSTALLING OR USING THE APP, THE END USER (“USER” OR “YOU”) AGREES THAT IT HAS READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL OR USE THE APP.

1. DEFINITIONS
A list of the definitions of the terms used in this license agreement is given below:
“App“ shall mean the SENSTREAM mobile application, which may be downloaded from the SENSTREAM website or applicable app stores and used with a Device.
“Device” shall mean any hardware device that enables use of the App (as an example, tablets and smartphones).
“SENSTREAM” shall mean SENSTREAM, Inc., a company incorporated under the Laws of Delaware, with registered office at 930 Tahoe Blvd., Suite 802, #86, Incline Village, NV 89451.
“Agreement“ shall mean this End User License Agreement, which governs the use of the App by the User, as amended by SENSTREAM from time to time.
“User“ shall mean the App user.

2. END USER LICENSE
Subject to the terms and conditions of this Agreement, SENSTREAM hereby grants to the User a non-transferrable and non-exclusive license to install and use an object code copy of the Application on one Device owned or leased solely by the User. The User must have a Device that is compatible with the App, and is solely responsible for the installation, configuration and maintenance of the App and all related software, hardware and other devices. SENSTREAM does not warrant that the App will be compatible with all mobile devices. Standard carrier data charges may apply to the use of the App and/or use of text messaging and User is solely responsible for such charges.

The App connects to computer systems and mobile devices over the Internet, which may include connections via wireless and wired networks. Use of the App operates as the User’s consent to the transmission of standard device information (including but not limited to technical information about the Device and application software and/or the User’s wireless services). The User shall use the App in accordance with and within the limitations of this Agreement. The User cannot transfer or grant to a third party their rights deriving from this Agreement without the prior written consent of SENSTREAM. The User hereby agrees to adopt any measure necessary to protect the App from any unauthorized use, reproduction, distribution or publication. The User shall not (1) copy, publish or otherwise reproduce the App; (2) alter, decompile, disassemble, decode or try to unlock or bypass the initialization system and/or technical security measures used by the App; (3) modify, adapt, translate, rent, lend the App or create derivative works from it; (4) remove or modify logos and trademarks of SENSTREAM or of any other entity in the App.

3. ACCOUNTS
You need not register with us to simply download and install the App. However, in order to access certain features of the App, you must successfully register for an account with SENSTREAM. You are responsible for maintaining the confidentiality of your account password and for all activities that occur using your account. You agree not to share, let anyone else access or do anything else that might jeopardize the security of your password. You agree to notify SENSTREAM if your password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your password or account, or if you learn of any other breach of security in relation to SENSTREAM or the App.

4. SECURITY AND SAFETY LIMITATIONS
The App is a for information purposes only and not for health-related decision making. You acknowledge and agree that the App is not a substitute in any way for healthcare professionals or clinical grade systems.

The User shall indemnify and hold harmless SENSTREAM from any claim, action or demand arising from the use of the App.

You acknowledge and agree that, while SENSTREAM intends for the App’s features to be highly reliable and available, SENSTREAM cannot guarantee reliability. You acknowledge and agree that the App may fail to work with unexpected interruptions, including, without limitation, due to reasons such as loss of Internet connectivity, power outages, equipment failure or breakdown, telecommunication service provider failures, and third party software or hardware issues.
For example (and not by way of limitation), the App may not operate correctly and promptly for reasons such as:
Lack of network coverage (whether temporarily or permanently) relative to the Device of the User;
Data from Device may not be received by App due to hardware problems, wireless pairing problems, incompleted software updates, obstruction of the signal from the position of the User or other materials in the vicinity, or problems arising with the software or firmware on the device;
Network access difficulties, issues related to network roaming or other network malfunctions, especially if driving or traveling but not limited to traveling; and
Force majeure events.
SENSTREAM shall not be liable or responsible for any loss or damage whatsoever related to the use of the App and/or any services provided through the User’s use of the App.

5. ACCEPTABLE USE
The User shall not use the App to: (i) harm others, engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) damage, disable, overburden, or impair the App or the networks or servers that operate services related to the App; (iii) resell or redistribute the App; (v) abuse, harass, stalk or otherwise violate the legal rights of a third party; (vi) share passwords or other access information or devices or otherwise authorize, allow or enable any third party to access or use the App; (vii) gain or try to gain unauthorized access to any data, account or network by any means or (vii) violate any law, statute, ordinance or regulation.

6. SUBSCRIPTIONS, PAYMENT AND CANCELLATION
You agree to pay all applicable fees related to your use of the App and/or the services that SENSTREAM provides via the App based on SENSTREAM's fees, charges, and billing terms then in effect. All fees are based on services purchased, regardless of actual usage. If you do not pay on time or if SENSTREAM cannot charge your payment method for any reason, SENSTREAM reserves the right to either suspend your access to your account and/or terminate these Terms. By providing a payment method, you expressly authorize us to charge the applicable fees to your payment method at regular intervals as well as any taxes and other charges incurred in connection with your account, all of which depend on your particular subscription and utilized services.

If you sign up for a paid subscription ("Paid Subscription"), we will charge your credit card for your first fee on the date that we process the order for your Paid Subscription.

IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current Paid Subscription, we will automatically renew your Paid Subscription on each monthly or yearly (depending on the subscription length you have chosen) anniversary of the date that we charged your credit card for the first Paid Subscription fee. If you sign up for a Paid Subscription that includes a free-trial period, unless you have canceled your subscription prior to the expiration of the free-trial period, we will automatically charge you for the first monthly or yearly membership fee upon the expiration of the free trial period and upon each subsequent membership fee on the anniversary of the date of the first billing. We will charge your credit card with the applicable renewal fee for your Paid Subscription and any Taxes (as defined below) that may be imposed on such fee payments. Subscriptions must be canceled prior to the applicable renewal date. You may cancel your Subscription by contacting customer support at support@SENSTREAM.com. Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.

All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes. tariffs or other amounts attributable to your use of the App or SENSTREAM's services (collectively. "Taxes"). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid. You agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.

Cancellation of your subscription (paid or free) will terminate this Agreement. This Agreement may also be terminated by SENSTREAM in case of breach of the provisions of this Agreement by the User. At the time of termination, the User shall delete the App and any copy thereof. SENSTREAM reserves the right to seek any other remedy provided by the applicable laws in case of breach by the User.

7. NEW VERSIONS
SENSTREAM shall not be obliged to support obsolete versions of the App or to update or provide versions of the App for use on any particular mobile device or operating system. The App may not work, in whole or in part, on mobile devices other than those for which the App has been approved for and correctly downloaded according to the instructions provided by SENSTREAM. SENSTREAM reserves the right, in its sole discretion, to change the format of the App and any content within it at any time and without notice. SENSTREAM also reserves the right, in its sole discretion, to modify or change the terms of this Agreement at any time, and without prior notice to User. User’s continued use of the App following the posting of any changes to this Agreement, or to the Privacy Policy is deemed an acceptance by User of those changes.

8. INTELLECTUAL PROPERTY
The App contains proprietary and confidential information that is protected by applicable intellectual property laws. User hereby acknowledges and agrees that all copyrights, database rights, trademarks and other intellectual property rights of any kind in the App, and all contents thereof, together with the underlying software code, are exclusively owned by SENSTREAM and/or related parties thereof. Except as expressly stated herein, this Agreement does not grant the User any intellectual property rights in the App, and all rights not expressly granted are reserved by SENSTREAM and its licensors.

SENSTREAM, the SENSTREAM logo, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of SENSTREAM and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of SENSTREAM.

9. DISCLAIMER OF WARRANTY
THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SENSTREAM AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SENSTREAM DOES NOT REPRESENT OR WARRANT THAT THE APP, ITS USE, OR ANY RESULTS GENERATED THEREFROM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER SENSTREAM NOR ITS LICENSORS OR SUPPLIERS REPRESENT OR WARRANT THAT THE APP OR SENSTREAM’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE APPLICATION AFTER TERMINATION HEREOF.

YOU ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH PERSONS WITH WHOM THE APP COMMUNICATES OR INTERACTS AS A RESULT OF YOUR USE OF THE APP. SENSTREAM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SUCH THIRD PARTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ALL OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF THE USE OF THE APP. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY
SENSTREAM’S MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGE DERIVING FROM CLAIMS, REQUESTS OR ACTIONS BROUGHT IN RELATION TO THE USE OF THE APP AND/OR THIS AGREEMENT, OR RELATED THERETO, SHALL NOT EXCEED THE PURCHASE PRICE PAID (IF ACTUALLY PAID) BY THE USER FOR THE APP’S LICENSE. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, UNDER NO CIRCUMSTANCE SHALL SENSTREAM, ITS LICENSORS, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR PERSONAL INJURY OR DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO USER'S USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SENSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SENSTREAM SHALL NOT BE LIABLE FOR ANY ERRORS AND/OR OMISSIONS RELATED TO THE SERVICES PROVIDED BY THIRD PARTIES (E.G., TELEPHONE AND DATA TRANSMISSION OPERATORS). SENSTREAM SHALL NOT BE LIABLE FOR ANY ERRORS AND/OR OMISSIONS DUE TO MALFUNCTIONING OF THE DEVICE.

11. ADDITIONAL MOBILE APPLICATION TERMS AND CONDITIONS
The following additional terms and conditions apply with respect to any application that SENSTREAM provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

You acknowledge that this Agreement is between you and SENSTREAM only, and not with Apple, Inc. (“Apple”).

SENSTREAM, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that SENSTREAM, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App 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 Agreement and any law applicable to us as provider of the iOS App.

You agree that SENSTREAM, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable third party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

You agree that Apple and Apple’s subsidiaries are third party beneficiaries to this Agreement as its terms relate to your license to use the iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you for its terms that relate to your license of the iOS App as a third party beneficiary thereof.

The following additional terms and conditions apply with respect to any application that SENSTREAM provides to you designed for use on an Android-powered mobile device (an “Android App”):

You acknowledge that these Terms are between you and SENSTREAM only, and not with Google, Inc. (“Google”).

SENSTREAM, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.

12. MISCELLANEOUS
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

By using the App, User expressly consents and agrees to accept and receive electronic communications from SENSTREAM, including via e-mail, text message, calls, and push notifications to the Device. These electronic communications are part of User’s relationship with SENSTREAM. User agrees that any notices, agreements, disclosures or other communications that SENSTREAM sends via email will satisfy any legal communication requirements, including that such communications be in writing.

The User may not use or otherwise export or re-export the App except as authorized by U.S. law and the laws of the jurisdiction in which the App was obtained. By using the App, the User represents and warrants that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) the User is not on any U.S. government list of prohibited or restricted parties.

This Agreement constitutes the entire contract with the User with respect to the App and supersedes any and all previous or concurrent contract, agreement and arrangement related to the scope of this Agreement.

This Agreement of the User’s use of the App shall be governed and construed under the laws of the State of Nevada without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically disclaimed. In the event of any disputes concerning this Agreement, SENSTREAM and the Users agree to submit such disputes to the exclusive jurisdiction of the federal and state courts located in Washoe County, Nevada. Notwithstanding the foregoing, SENSTREAM may seek injunctive relief in any court of competent jurisdiction, without posting bond, to enjoin any breach of this Agreement, in addition to any other rights or remedies SENSTREAM may have available at law or in equity.