1.1 The pair of Stridalyzer Smart Insoles along with the provided accessories are referred to as the “Insoles”. The Stridalyzer App to be installed on Apple iOS device or Android-based device is referred to as “App”. The Stridalyzer web site for accessing reports, in addition to all website in the retisense.com domain is referred to as “website”. Combined, they are referred to as “Stridalyzer” or “Product” interchangeably. “Test Period” is defined as the period from the point of receiving any component of the Product, to the point when the Insoles have been returned to ReTiSense Inc (or otherwise disposed off in a mutually agreed to basis), the App has been deleted from any smartphone you installed it on, and your Website account has been deleted.
The “application” or “App” shall mean the software (app, Stridalyzer) and product (a pair of sensor fitted insoles, Stridalyzer smart insoles) provided by/sold by Retisense Inc to offer services related to ReTiSense Inc, ReTiSense Inc services and its partners’ services, to be used on Apple iOS and Android OS devices.
3. DATA PROTECTION
The application allows you to access certain functionality available on the stridalyzer.retisense.com website. You agree that you will not, directly or indirectly, acting on your own or through an agent, attempt to maliciously access or modify any portion of the retisense.com website. You will not add, upload, publish or share any illegal, unethical or copyrighted information through retisense.com website.
5. PROPRIETARY RIGHTS AND LICENCE
5.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the application together with the underlying software code and product design are owned either directly by ReTiSense Inc or by ReTiSense Inc’s licensors.
5.2. ReTiSense Inc hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the application for your personal use in accordance with these appterms.
5.3. You will use the product in accordance with local laws as applicable, and will be fully responsible and liable for any claims and liabilities regarding its use of the ReTiSense Products, and ensuring that its use of the ReTiSense Products complies with applicable local laws while such ReTiSense Products are in Evaluator’s possession.
5.4.The product emits radiation in the 2.3-2.4GHz range according to the “Bluetooth Low Energy” Specification (outlined in ). The product’s circuitry follow FCC-mandated compliance requirements, with the radiating component certified with FCC and CE ( FCC ID: 2ABU6-MS47SF1)
5.5. This agreement shall be governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
CONDITIONS OF USE
6.1 ReTiSense grants to you a limited, royalty-free, nonexclusive, worldwide, license to use the ReTiSense Products in accordance with the Purpose (the “License”), and warrants that it has the right to grant the License. You will use the Products in accordance with local laws as applicable, and will be fully responsible and liable for any claims and liabilities regarding its use of the Products, and ensuring that its use of the Products complies with applicable local laws while such Products are in your possession, except where the liabilities are otherwise mandated by law.
6.2. "User Generated Content" Includes without limitation content posted on message board posts, forums, user groups, blogs, journals, user comments, and user reviews. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
6.3. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the application; or (iii) create derivative works of the application of any kind whatsoever (iv) damage the product intentionally (vi) publically post images and reviews without receiving written consent from ReTiSense Inc. (vii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
6.4. The application and product is made available to you for your personal, non-commercial use only.
6.5 The product contains lithium based rechargeable lithium cell, evaluator is fully responsible to ensure compliance with all local laws governing lithium-based batteries when in use, storage, or being transported.
6.6. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
6.7. If you are not the bill payer for the mobile telephone or handheld device being used to access the application, you will be assumed to have received permission from the bill payer for using the application.
6.8. You agree to be contacted by ReTiSense on as-needed basis, for purposes including but not limited to, informing you of any major updates, product issues, product usage issues, product recalls, resolving reported problems, and updates to its terms and conditions. You may be put on a mailing list for this purpose. ReTiSense will provide a method of removing yourself from any such subscription or contact list if you are no longer a user of the product.
7.1. This application and product is available across the world for handheld mobile devices running Apple iOS and Android OS Operating Systems. ReTiSense Inc will use reasonable efforts to make the application available at all times. However you acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside ReTiSense Inc’s reasonable control.
7.2. ReTiSense Inc does not accept any responsibility whatsoever for unavailability of the application, or any difficulty or inability to download or access content or any other communication system failure which may result in the application being unavailable.
8. SYSTEM REQUIREMENTS
8.1. In order to use the application and product, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
8.2. The Software Requirements are as follows:
Š Apple iPhone 4s or newer running iOS 7 or higher
Š Android OS devices running Android OS 4.1 or higher, and can support BlueTooth LE protocol.
Š The App is only available in English language currently.
9.1. ReTiSense Inc may terminate use of the Application at any time by giving notice of termination to you.
9.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
10. LIMITATION OF LIABILITY
10.1. In no event will ReTiSense Inc be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, Including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (Including negligence), product liability or otherwise.
10.2. ReTiSense Inc is not liable to you for any damage or alteration to your equipment Including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the application.
10.3. ReTiSense Inc attempts to provide helpful and accurate information through the product and application, but make no endorsement, representation or warranty of any kind about any information, services or recommendations made available. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive. If you rely on any information provided by the application, our employees and contractors, or others appearing on or contributing content to the Services, you do so solely at your own risk.
10.4. Nothing in these Appterms shall exclude or limit ReTiSense Inc’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
11. THIRD PARTY OWNERSHIPS: Apple, iOS, iPhone are trademarks owned by Apple Computers, Inc. Google and Android are trademarks of Google, Inc. Their terms and conditions may be applicable when using the Product, according to Terms and Conditions you may have agreed to with them.