Terms and Conditions

Please read the following terms carefully before using our products and services.

General

SENSE TECHNOLOGY GROUP LIMITED is a pioneer of workplace healthcare monitoring and wellbeing.

We also provide you with a number of online tools that help you reach your personal training and well-being goals more easily. Your Sense device and the Sense application work together to help you remain fit and healthy.

Use of the Sense services requires that you accept the terms and conditions detailed below. By approving the terms, you enter into a legally binding agreement with Sense. We encourage you to read the terms carefully. Additionally, the use of some services (for example, those provided to businesses and organizations) requires the acceptance of additional or special terms of those services. Additional Service-Specific Terms of Use are presented below after General Terms of Use.

To use the services, you have to have a Sense account, created through your employer. Before that, we recommend that you read the Sense Privacy Notice, where we specify which personal data we collect from you and how we use it. For more details on data protection, please refer to the FAQ.

Data Protection

Our Privacy Notice lays out — which personal data we collect from you, how we use the data, and where we store it. The Privacy Notice also details your rights regarding privacy and outlines who can access your data, where to get help, and how you can change your settings. You need to read the Privacy Notice before signing up for the Sense services and starting to use our services. Creating and Managing a User Account

To use our services, you first need to have a user account. For this, we need some information about you, such as name and employee e-mail address. When you login to the service, you will also be asked to provide information to enable the functionality of the services provided (age, gender, height, weight, level of physical activity). We request this information to be able to provide you with health data that’s as accurate as possible, because your personal characteristics, such as age, affect calorie burn and other calculations we give you. We trust you to provide this data correctly.

When you sign up, we confirm your e-mail address and ask your permission for certain data-processing actions, as required by law: permission to handle personal information, permission to handle sensitive personal information (such as heart rate data), and permission to transfer data to a country other than your home country (Sense Technology Group uses servers provided by a third party to provide its data service). These servers are located within the UK and EU. All users must be older than 13.

If, at any time, you wish to stop using our services and close your account, you can do so by asking your employer to contact us to remove you, or ask our (Support Team)[https://support.wearesense.com] for help. Please note that when your user account is closed, all your information will be deleted and cannot be recovered after deletion. Make sure that you have saved all your data elsewhere before your account is closed.

Use of Services

Sense products are designed to be used with the Sense Application. Together, your Sense product and the Sense Application service create a system that automatically stores all your training, activity, and sleep data. In addition, you can add data such as exercise, sleep or training program information to your Sense account, as well as add comments about your sessions or sleep.

To use our service, you need a Sense device and a smartphone to manage your account. The Sense product range comprises devices of different generations. Sense is not responsible for your health. Sense offers a number of coaching recommendations. If you are unsure of whether a recommendation is suitable for you, please consult your doctor before you start a program.

Our Application may feature a health survey. This questionnaire is not the equivalent of a medical check-up and is not intended to assess your health. Your answers to the questions only indicate whether it is possible to fine tune recommendations we make for you.

As a user of Sense services and products, you may receive important notices about them from time to time. These important notices related to the use of products and services are not marketing messages, but are essential information concerning our products and services and their use. For this reason, it is not possible to opt out of receiving them. We also inform all our customers – including those who have opted out of marketing messages – of any changes to our Terms of Use or Privacy Notice. We hope you read these messages, because they may contain important information that applies to you.

Validity

You may stop using Sense services at any time. Your ability to use the service ends when your employer’s paid subscription ends. No refunds are made if you decide to stop using a service before the end of the paid subscription.

To stop using Sense services, close your account via your employer or via our support portal, and your data will be deleted. If you want to transfer your data to a third-party service or save them, this must be done before your account is closed. Deleted data cannot be recovered.

The use of services requires confirmation of your e-mail address. If you do not confirm your e-mail address within 30 days of creating an account, your account will be locked. You will be notified of an unconfirmed e-mail address within the services, and you have the option of resending the confirmation mail if you didn’t receive it. If your account is locked due to an unconfirmed e-mail address, you can still resend the confirmation mail to yourself on the sign-in page, even if you cannot sign in to the service. Unconfirmed accounts will be deleted seven (7) months after they were created.

If you remove any of the consents you granted when you were creating an account, your account will be closed and some or all of your data will be deleted. Legislation prohibits us from storing or processing personal data if the customer has not given consent for processing. You will be notified of your data’s deletion whenever you remove any of the consents you had previously granted.

If you breach any of these Terms of Use, Sense may cancel your user rights, in which case your account and data will be removed.

Content of the Service

Except for any User Content (as defined below), the content on Sense services, such as images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials (“Content”) are owned or licensed by Sense Technology Group Limited and protected under copyright and other intellectual property right laws. All names, trademarks, and service marks appearing on the Content are owned by Sense Technology Group Limited or a third party that has granted the license to Sense. Any rights to the Content not expressly granted herein are reserved.

All Content is for your personal non-commercial use only and may not be used, modified, reproduced, transmitted, published, sold, licensed or distributed to any third parties, or exploited in any other way without the written consent of Sense or the third-party right holder. Sense Technology Group Limited permits you to establish a link to materials on the Sense Sites for personal and non-commercial use. You agree not to remove any copyright or other proprietary notices if you download or print Content. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.

Disclaimer

SENSE TECHNOLOGY GROUP SERVICES, AS WELL AS CONTENT THEREOF, ARE PROVIDED BY SENSE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SENSE TECHNOLOGY GROUP LIMITED DO NOT GUARANTEE THAT SENSE SERVICES WILL BE UNINTERRUPTED OR ERROR- OR VIRUS-FREE. SENSE TECHNOLOGY GROUP RESERVES THE RIGHT TO REVISE SERVICES OR DENY ACCESS TO THEM AT ANY TIME WITHOUT NOTICE TO YOU. SENSE TECHNOLOGY GROUP EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE Sense SERVICES. YOU AGREE AND ACKNOWLEDGE THAT USE OF SENSE SERVICES IS AT YOUR SOLE RISK.

EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, Sense, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE Sense SERVICES EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASES LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THESE TERMS ARE GOVERNED BY THE LAWS OF FINLAND, WHILE THE SITE MAY BE HOSTED AND MADE AVAILABLE FROM OTHER JURISDICTIONS ACCORDING TO THE Sense Privacy Notice. IN THE EVENT YOU ACCESS Sense SERVICES FROM A JURISDICTION OTHER THAN FINLAND, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAWS.

User Responsibilities

YOU ARE RESPONSIBLE FOR YOUR USE OF SENSE SERVICES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SENSE TECHNOLOGY GROUP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AND OTHER USERS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS AND ALL LIABILITIES, LOSSES, COSTS, OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS AND CONDITIONS, OR YOUR ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS, OR PRIVACY OF A THIRD PARTY.

Force Majeure

Neither Party shall be liable to the other for any non-performance of its contractual obligations in the event and to the extent that such non-performance is due to an event or condition not reasonably foreseeable at the Effective Date, and which events are not within the control of that party, which effects cannot reasonably be avoided or overcome (hereinafter “Force Majeure”).

Force Majeure shall include (but is not limited to) war, emergency situations, riot or other crises, provision of emergency information during crises or in disturbances of normal situations, sabotage or threat of sabotage, dangerous epidemic, storm, flood, or other inclement weather or other natural event (disaster), fire, explosion or other similar accidents, strike, lockout, boycott and other industrial actions (including internal strikes of a party), legislative changes, action or failure to act on the part of authorities, exchange restrictions, restriction of export and import, interruption of general supply of energy, general unavailability of transport facilities, interference of communications networks, defects or delays in transfer connections or other connections or equipment acquired from third parties or in control of third party or other similar reason beyond the control of the Parties.

Transfer of Rights

Sense Technology Group shall have the right to assign its rights and obligations related to these Terms of Use to a third party without your prior written consent, but may not be assigned by you without Sense’s prior written consent. General Terms, Applicable Law and Settlement of Disputes.

Sense Services shall be governed by the laws of the United Kingdom and Northern Ireland without regard to conflict of law provisions. You agree that any dispute arising out of these Terms of Use and Privacy Notice shall be resolved exclusively in the courts of the United Kingdom. These Terms of Use together with any special terms and conditions applicable to the Sense Services you use constitute the entire agreement between you and Sense regarding the use of the Sense Services. The failure of Sense to exercise any rights of these Terms of Use shall not be considered as a waiver of such rights. If any provision of these Terms of Use is considered unlawful or void, these Terms of Use will apply in all other respects excluding the provisions deemed invalid.

If you have any questions concerning these Terms of Use, please contact support@wearesense.com.