SeniorLife Technologies Inc. (“SeniorLife” or “The Company” or “We”) offers healthcare service providers (“Caregivers”) a range of software, product and services (“Service”) including, but not limited to mobile app, website and web-based dashboard. The Service is meant to be used by the Caregivers to test and evaluate results of mobility health of active and frail persons (“Test Persons”).
SeniorLife does not provide medical advice. The information and other content available on or through the Service are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis or treatment.
If you are a Test Person or a Caregiver, you should always consult with your physician or qualified healthcare provider regarding regarding questions you have about any medical condition before making healthcare decisions.
Before you use SeniorLife Service on the app or website you must obtain a valid and current user account.
Typically our customer is an entity that provides the healthcare service to the Test Persons, and employs the Caregivers. The purchaser of our Service (“Admin” or “Customer“) registers the company and the information about Caregivers. This allows a Caregiver to login to our system by using an email(s) provided by the Admin.
When you login for the first time using an Admin registered email address, you will be asked to create a password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (as instructed by our software) with your SeniorLife account or any other account that you may connect to your SeniorLife account. You agree not to disclose your username or password to any third party, and you agree to notify SeniorLife immediately at email@example.com of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. SeniorLife cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right to cancel accounts of Caregivers who fail to comply with the Terms, including failure to pay fees (by the Admin) when due as set forth in the SeniorLife Payment Terms and failure to comply with the terms and conditions regarding “General User Conduct” section below.
The following are guidelines for general user conduct.
You may not:
SeniorLife reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that SeniorLife has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Service by a Caregiver or a Test Person or any other user, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against SeniorLife, (iii) to enforce and to ensure a user’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of SeniorLife, its caregivers or members of the public, and (vi) for the purpose of operating and improving the Services (including for customer support purposes).
You agree to cooperate with and assist SeniorLife or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
PLEASE NOTE THAT THIS SECTION IS SUBJECT TO FREQUENT REVISION AS WE INTRODUCE NEW PAYMENT OPTIONS TO OUR CUSTOMERS.
If you are a Caregiver whose access to Service is provided by your employer or another third party, the terms in this section do not apply to you because someone else has paid for your services.
If you are Test Person whose access to Service is provided by your healthcare service provider or another third party, the terms in this section do not apply to you because someone else has paid for your services, except if you have enrolled in a service directly with us (e.g. notification and dashboard access).
Certain customers pay a one-time fee to access certain features of the Service for a limited period of time and/or up to a limited number of tests performed on the Test Person (“Limited Use“). When the Limited Use of the Service is expired of exhausted, you will receive advance notification to extend use of Service. If you have opted for automatic extension, your credit or debit card will be automatically charged unless you cancel such service.
Customers who have opted for a subscription fee model will pay the monthly subscription fee(s) at the rates in effect when the charges are incurred, including any applicable taxes. Any change in the subscription fee(s) will go into effect for the next billing period after we provide notice of the change.
In some cases, the customers may pay subscription fees as a one-time fee and the applicable discounts will be reflected in the offers made in the website.
You are responsible for providing valid credit card or payment account details and for the timely payment of all fees. SeniorLife’s third party payment processor will automatically charge the credit card or payment account associated with your account at the beginning of the billing period, and billing will recur automatically at monthly intervals until you change or terminate your account. If you want to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account; this may temporarily disrupt your access to your account while SeniorLife’s third party payment processor verifies your new payment information. Any change in the chosen payment method will go into effect for the next billing period.
SeniorLife itself does not collect or store payment card information. Our payment processor is PCI-compliant.
If our third party payment processor is unable to successfully charge your credit card or payment account for fees due, we reserve the right to revoke or restrict access to your account, or terminate your account. If you terminate your account for any reason or if we terminate your account due to your breach, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid for that billing period. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.
We may contact you via email regarding your account, for reasons including, without limitation, a problem with your credit card or payment account.
Unless we state in writing otherwise, all fees and charges are nonrefundable.
The Service, including any and all Websites and Apps, and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Service, and all intellectual property rights therein are the exclusive property of SeniorLife and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Services.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with SeniorLife (the “SeniorLife Marks”) are the property of SeniorLife, and that you are not permitted to use the SeniorLife Marks without our prior written consent.
Subject to your compliance with the Terms, SeniorLife grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Service, including the right to download and install a copy of the App on each mobile device that you own or control, for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use the Service as provided by SeniorLife in the manner permitted by the Terms.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of SeniorLife or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at SeniorLife’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SeniorLife or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Service (“Feedback“). You may submit Feedback by e-mailing us, at firstname.lastname@example.org. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of SeniorLife. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by SeniorLife or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to SeniorLife all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect SeniorLife’s rights in such improvements, enhancements and modifications.
The User of the app and the Customer recognizes that SeniorLife may use the logo or name of the company of the Customer (= Purchaser of the service) on its website or in other marketing materials. Such customer might have opted for a free-trial or purchased a paid plan. Notwithstanding such use, SeniorLife will not disclose any information about the Test Persons related to the Customer or any other material information without express consent of the such Customer.
You are solely responsible for any fees or charges incurred to access the Service by Caregiver and/or Test Person or any other user through an Internet access provider or other third party, including without limitation data charges incurred if you are not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that SeniorLife is not liable in any way for any third party charges.
SeniorLife does not recommend or endorse any tests, physicians or other health care providers, products or procedures that may be referenced, discussed or advertised on the Service.
The Services may provide links to third-party websites, resources or services. You acknowledge and agree that SeniorLife is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by SeniorLife of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
Our App may be available for download from third party app stores which are not owned or operated by SeniorLife. When downloading, installing, accessing, using or browsing the App, you must comply with any applicable third party terms and conditions, including any End User License Agreement, your mobile device agreement or any wireless data service agreement, and ensure that your use of the App is not in violation of any such terms or conditions.
You represent and warrant to SeniorLife that:
Except as expressly provided herein, the Service is provided “As is” and “As available” without warranty of any kind, express or implied. To the maximum extent not prohibited by applicable law, SeniorLife expressly disclaims any and all warranties, whether express, implied, arising out of course of dealing or usage of trade, including warranties of merchantability, fitness for a particular purpose, non-infringement or title or rightful claim, warranties as to the reliability or availability of the services, or that use of the services will be uninterrupted or error free, warranties as to the completeness, accuracy or timeliness of any content.
You acknowledge and agree that, to the maximum extent not prohibited by law:
Information and other content provided on or through the services does not constitute medical practice or advice, nor is it intended to replace the necessity of consultation with a physician or other qualified health care professional.
The entire risk arising out of or relating to your use of the services is and remains with you.
Without limiting the foregoing, SeniorLife disclaims any and all liability related to (I) your use of or inability to use the services, (ii) the acts or omissions of any person(s) with whom you may communicate or interact as a result of your use of the services, and (iii) any content accessed or viewed in connection with the use of the services.
You acknowledge and agree that the accessing and using the platform and content, viewing content is done at your own discretion and risk, and you and hereby release seniorlife and waive any and all claims and causes of action with respect to any damages caused by any of the foregoing.
In no event will SeniorLife be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any kind, or damages for lost revenues or profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with any of the foregoing, whether based in warranty, contract, tort (including negligence) or any other legal theory, and whether or not seniorlife has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In the case of the United States, certain state laws do not allow limitations on implied warranties or the exclusive or limitation of certain damages as set forth in this section, so these limitations and exclusions apply to you only to the extent permitted by applicable law. In the event that the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, seniorlife’s aggregate liability arising out of or in connection with any and all of the foregoing, shall be limited to one hundred u.S. Dollars (us $100).
You acknowledge and agree that the warranty disclaimers and limitations of liability set forth above are essential elements of the basis of the bargain between SeniorLife and you, and will survive and apply even if your remedies are found or alleged to have failed of their essential purpose.
Nothing in the terms further is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, or exclusion of liability for loss or damage from death or personal injury. Accordingly, only the above limitations in this section ix that are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent required by law.
To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold SeniorLife its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i)your access to or use of the Service, including any and all features, functionality, tools, content and promotions available on and through the Service, (ii) any interactions with any other person as a result of your use of the Service, (iii) your breach of the Terms or the documents incorporated therein, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iv) your gross negligence or willful misconduct.
You agree that, at SeniorLife’s option, you will conduct the defense of any such claim or action; provided that (i) SeniorLife may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of SeniorLife (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and seniorlife have against each other are resolved.
The Terms shall be governed by and interpreted in accordance with the laws of the state of Delaware, USA, without regard to conflict of law principles.
All disputes, claims, controversies and matters arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services, including any Website or App (collectively, “Disputes“) shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Delaware, USA, before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. You acknowledge that by agreeing to arbitration as the exclusive forum for the resolution of all Disputes, you are waiving their right to a trial by jury.
All arbitrations shall be conducted and resolved on an individual basis, and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
In the event that arbitration is not available, you and SeniorLife agree that any and all Disputes will be brought in the federal or state courts located in Delaware, USA, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Further, SeniorLife also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
If you have questions about the SeniorLife Terms & Conditions, please contact our privacy team at email@example.com
Or you may write to:
Attention: Terms & Conditions
SeniorLife Technologies Inc.
1400 112th Ave SE #100
Bellevue, WA 98004
Copyright ©2023 SeniorLife Technologies Inc. All rights reserved.