Legal
1. Privacy Policy
SensaRx, LLC. Privacy Policy and Notice of Privacy Practices
SensaRx, LLC. (“we”) develops and maintains the SafeWanderTM mobile application (the “App”) for operating the SafeWanderTM wearable sensors (the “Sensor”) system that sends an alert to your mobile device when the person under your care wonders out of bed/chair. We also maintain the safewander.com website (the “Website”).
SensaRx, LLC. (“we”) develops and maintains the SafeWanderTM mobile application (the “App”) for operating the SafeWanderTM wearable sensors (the “Sensor”) system that sends an alert to your mobile device when the person under your care wonders out of bed/chair. We also maintain the safewander.com website (the “Website”).
We are committed to protecting the privacy and security of your information. This policy, together with our Terms of Use, set forth the basis on which any information we collect from you will be used by us. BY USING THE APP OR THE WEBSITE, YOU ACCEPT THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES (the “Privacy Policy”).
This Privacy Policy may be changed at any time without prior notice. So please check the Policy periodically for any changes. Your continued use of the Website or the App is deemed your acceptance of the practices described in the new policy.
This Privacy Policy covers only information that is collected through the App and the Website and does not cover any website or app to which we may link.
Information We Collect:
1. Information that you provide directly to us when you register on our Website or App, place an order, or contact us. When ordering or registering on our Website or App, you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information. To use our SafeWanderTM App, you may be asked to enter the name of the person (the “User”) whom you intend to monitor. When you contact us through our site, you may be asked to provide your name and e-mail address.
2. Information related to your usage of our Sensor, App and Website. Each time when your mobile device receives an alert on the SafeWanderTM App, the App may record the time and alert associated with each User in your phone and in our server.
Our Cookie Policy
We use cookies to ensure that the content of our Website and App is delivered in the most effective manner to your computer. A cookie is a small file that a site or its service provider transfers to your computers hard drive through your Web browser - if you allow - that enables the site’s or its provider’s systems to recognize your browser and remember certain information. You may decline cookies by activating the setting on your browser. If you decline cookies, you may still be able to use our App and Website but without the ability to access particular parts of our App or Website.
Using Your Information
The information that we collect from you is primarily used to improve your user experience on our Website and App. We may use the information to provide you with information pertaining to your order or your use of our Service such as App updating. We may also aggregate personally un-identifiable information associated with your usage of our App for research purposes.
Protecting Your Privacy
We implement a variety of security measures to maintain the privacy and security of your information. We use a secure server. Note: The transmission of information via the Internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically on our Website or through our App, and transmission of such data is therefore entirely at your own risk.
Disclosing Your Information to Outside Parties
We do not sell, trade, or transfer to outside parties your personally identifiable information. This does not include trusted third parties necessary for assisting us in delivering service to you, so long as those parties agree to keep this information confidential. We reserve the right to disclose your personal information (1) when we are legally required to disclose and (2) in connection with a proposed or actual corporate transaction involving all or part of our business or asset to which the information pertains.
Our Contact Information:
SensaRx, LLC. info@safewander.com, 844-800-4248
Last Updated: October 12, 2015
2. Terms of Use
SensaRx, LLC. Terms of Use
SensaRx, LLC. (“we”) develops and maintains the SafeWanderTM mobile application (the “App”) for operating the SafeWanderTM wearable sensor (the “Sensor”) that sends an alert to your mobile device when the person under your care wonders out of bed/chair. To extend the sensor wireless signal transmission range, we also offer a Gateway device to relay the sensor signal to a Server. In addition, we also maintain the safewander.com website (the “Website”) to support our Products and Service. In these Terms of Use, the Sensor(s) and the Gateway are each referred to as a “Product” and collectively as the “Products”, while the service through the use of the App, the Server, and the Website is referred to as the “Service”.
TO USE OUR PRODUCTS AND SERVICE, YOU MUST ACCEPT THE TERMS OF USE SET FORTH BELOW, AS WELL AS THE TERMS SET FORTH IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AS SET FORTH BELOW OR THE TERMS DESCRIBED IN OUR PRIVACY POLICY, YOU MUST NOT USE OUR SERVICE.
Our Terms of Use (the “Terms”) govern your use of our Products and Service. Please read these Terms in full before using our Products and Service. By using the products and Service, you accept these Terms and agree to be legally bound by these Terms, as well as our Privacy Policy. The Terms may be changed at any time without prior notice. So please check the Terms periodically for any changes. Your continued use of the Products and Service binds you to the use of the changes made.
Ownership
Ownership of all intellectual property rights of the Products and the Service remains with SensaRx. We hereby grants to you, subject to the Terms of Use, a non-transferable (except as described below), non-sublicensable, non-exclusive, revocable, limited right to access and use the Service solely for operating the Product(s). Other members of your family or other caregivers, who you allow to use your Product(s) may exercise your licensed rights on your behalf. The App and all other software included in the Products and the Server are licensed, not sold, and ownership of all intellectual property rights thereto remains with SensaRx. We are not providing you with any license to any of our intellectual property. YOU AGREE NOT TO COPY, MODIFY, OR REVERSE ENGINEER OUR PRODCUTS/SRRVICE, OR DESIGN, MAKE DERIVATIVE WORKS BASED UPON OUR PRODCUTS/SERVICE, OR USE THE PRODUCTS/SERVICE TO DEVELOP ANY PRODUCTS. YOU AGREE NOT TO DECOMPILE, DECODE, DECRYPT, DISASSEMBLE, OR ATTEMPT TO OBTAIN THE SOURCE CODE FOR ANY SOFTWARE IN OUR PRODCUTS OR FOR OUR SERVICE. YOU AGREE NOT TO REMOVE, CHANGE OR OBSCURE ANY COPYRIGHT, TRADEMARK, LOGO, SERVICE MARK OR OTHER PROPRIETARY RIGHTS NOTICES INCORPORATED IN OR ACCOMPANYING OUR PRODUCTS AND SERVICE.
Use of Our Products and Service
Full use of our Product(s) and Service requires that you create a user account by providing us with a valid email address and strong password. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. We will deliver important information to you through email or the App related to your use of our Products and Services such as App updating.
Use of our Product(s) and Service requires that you use supported mobile device(s) with adequate software and Internet access. You must place the Gateway within 10 feet from the sensor.
We may include Product warnings and instructions on the Product or its packaging. As a condition to using the Product(s) and the Service, you agree to strictly comply with all warnings and instructions as well as any updates that we provide to you through the App or email. In addition, you agree to only use the Products and Service within the United States of America. You agree to only use the Products and Service in a manner that complies with all applicable laws and regulations.
Disclaimer of Warranty
The Products are not medical devices. The Products and the Service are neither regulated nor approved by the U.S. Food and Drug Administration. They are not intended to be used as a substitute for your close monitoring of the person under your care. You acknowledge, understand, and agree that your use of the Service and the Products is entirely at your own risk.
You acknowledge, understand and agree that our Service is provided hereunder an "as is" and “as available” basis. SensaRx specifically disclaims all implied warranties, including warranties of merchantability, non-infringement and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice.
SensaRx makes no warranty, representation or condition that: (1) the content and information available on the Service is free of errors; (2) the functions provided by the service will be in real time, uninterrupted, secure, or free of errors; (3) defects will be corrected, or (4) the Service is free of viruses or other harmful components. For example, the alerting Service may be subject to Internet delays.
Any content downloaded from or otherwise accessed through our Website is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, including, but not limited to, your computer system and any device you use to access the Products and the Service, or any other loss that results from accessing such content.
SensaRx is not liable, and you agree not to seek to hold SensaRx liable, for the conduct and service of third parties, to which our Service may link.
Limitation of Liability
You acknowledge, understand, and agree that in no event shall SensaRx be liable for any damages whatsoever including incidental or consequential casualty and damages or any other direct or indirect damages arising out of the use of or inability to use the Product(s) and the Service, even if SensaRx has been advised of the possibility of such damages.
SensaRx shall not be responsible for damages whatsoever related to the use of the Product(s) and the Service whether arising out of causes of action including but not limited to negligence, gross negligence, breach of contract, negligent or intentional misrepresentation, or any other cause of action. If any liability attaches, such liability shall be limited to the cost of the Product(s) and Service (if any) that your paid to SensaRx in the then prior six months. No other damages shall apply.
Indemnification
You agree to defend, indemnify, and hold SensaRx harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of our Products and Service, your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
Termination
We reserve the rights to discontinue our Service to you, for any reason and at any time, with or without prior notice. It is our policy to terminate those who violate these Terms, as deemed appropriate in our sole discretion.
Governing Law
These Terms shall be governed by and construed pursuant to the laws of the State of New York.
Arbitration Agreement; Waiver of Class Action
All claims and disputes in connection with these Terms of Use and/or Privacy Policy that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis conducted in the English language in New York, NY, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and SensaRx hereby expressly waive trial by jury. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, either party may apply to any court having jurisdiction over the parties for a judicial acceptance of the award or order of enforcement or to seek injunctive relief, security or other equitable remedies. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service.
Neither you nor SensaRx will participate in a class action or class-wide arbitration for any claim covered by these Terms of Use and Privacy Policy. Any claim brought by you or SensaRx must be brought in that parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.
You hereby waive any and all rights to bring any claim related to these Terms of Use and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding.
Our Contact Information:
SensaRx, LLC. info@safewander.com, 844-800-8284
Last Updated: October 12, 2015
3. Patent Protection