These Terms of Service (“Terms”) govern your access to and use of our website located at physiosense.ai (the “Website”), including any content, features, or services offered on or through the Website (collectively, the “Services”).
Please read these Terms carefully before accessing or using our Website. By using our Website, you agree to these Terms and all applicable laws and regulations. If you do not agree to these Terms, please do not use our Website.
1. Acceptance of Terms
By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.
2. Eligibility
You must be at least 18 years old to use this Website. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all Terms.
3. Changes to Terms
We reserve the right to modify or replace these Terms at any time. All changes are effective immediately when posted. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
4. Use of the Website
4.1. Permitted Use
You are granted a limited, non-exclusive, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. You agree not to:
Use the Website in any unlawful manner or in a manner that could damage, disable, overburden, or impair the Website.
Attempt to gain unauthorized access to any parts of the Website, servers, or networks.
Use any data-mining, robots, or similar data-gathering and extraction tools.
4.2. Account Creation
To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep your account information updated. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device.
5. Intellectual Property
All content, trademarks, service marks, logos, and designs on the Website are owned by PhysioSense LLC or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Website or its content without prior written permission from PhysioSense LLC.
6. User Content
By submitting or posting content to the Website (e.g., comments, reviews, feedback), you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, modify, display, distribute, and create derivative works from such content. You represent that you own or have the necessary rights to use and share your content, and that such content does not infringe the rights of any third party.
7. Third-Party Links
The Website may contain links to third-party websites that are not owned or controlled by PhysioSense LLC. We are not responsible for the content or practices of these third-party websites. You acknowledge and agree that PhysioSense LLC is not liable for any loss or damage caused by your use of any third-party website.
8. Termination
We reserve the right to terminate or suspend your account and access to the Website at any time, without notice, for any reason, including but not limited to, violation of these Terms.
9. Disclaimer of Warranties
The Website and all content, services, and features available through it are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible by law, PhysioSense LLC disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, PhysioSense LLC and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangibles, arising out of your use of the Website or inability to access or use the Website.
11. Indemnification
You agree to indemnify, defend, and hold harmless PhysioSense LLC and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Website or violation of these Terms.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the state of Colorado, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Denver, Colorado.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14. Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between you and PhysioSense LLC concerning the use of the Website.
If you have any questions about these Terms, please contact us.