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Sense4Baby Privacy Policy

Advanced Maternity Innovations / Sense4Baby Privacy Policy

SENSE4BABY™ PRIVACY POLICY

Advanced Maternity Innovations (AMI, us or we), the provider of the Sense4Baby fetal monitoring system (Sense4Baby System), respects the privacy of the users of the Sense4Baby fetal monitors and the Sense4Baby App (Sense4Baby App) and online portal that Your healthcare provider accesses to review the data collected through the Sens4Baby App (Portal) and collectively, with the Sense4Baby System and the Sense4Baby App, the Sense4Baby Services). The following privacy policy and notice (Privacy Policy) is designed to inform You, as a user of the Sense4Baby Services, about the types of information that we may gather about or collect from You in connection with Your use of the Sense4Baby Services. It is also intended to explain the conditions under which Sense4Baby uses and discloses that information, and Your rights in relation to that information.

In addition to this Privacy Policy, there may be special, region-specific terms that relate to You.

Sense4Baby believes in protecting Your privacy. When we collect personally identifiable information from You, we comply with all applicable laws and regulations. We’ll regularly review how we’re meeting these privacy promises.

By using the Sense4Baby Services, You consent to the use and disclosure of Your personally identifiable information (PII) and protected health information (PHI) as described in any associated agreement and this Privacy Policy. As used herein, the term “personally identifiable information” or “PII” means information that would allow someone to contact You physically or online, including, for example, Your name, physical address, telephone number, e-mail address, or social security number; the term “protected health information” or “PHI” means as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); and the term “non-personal information” means any information other than personal information that Sense4Baby may collect from You.

THIS PRIVACY POLICY ONLY APPLIES TO INFORMATION COLLECTED THROUGH THE SENSE4BABY APP.

CAREFULLY READ EACH AND EVERY TERM AND CONDITION OF THIS PRIVACY POLICY IN ITS ENTIRETY. YOU MUST AGREE TO THE TERMS OF USE AND PRIVACY POLICY WHEN YOU DOWNLOAD THE SENSE4BABY APP. BY ACCESSING OR USING THE SENSE4BABY APP, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE SENSE4BABY APP’S TERMS OF USE, AND YOUR CONTINUING ACCESS OR USE OF THE SENSE4BABY APP REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT OF THE FOREGOING IN EACH INSTANCE.

1. Information Collected and How We Use It

Your healthcare provider has provided us with the information necessary to create Your account to use the Sense4Baby Services, which may include Your PII and Your PHI. Additionally, the Sense4Baby App collects information, which includes PHI, from the Sense4Baby sensors which is then transmitted to and stored in the Sense4Baby Services for review by your healthcare provider. You are under no obligation to permit your healthcare provider to provide us with Your information or to use the Sense4Baby Services to provide us with additional information, but this may prevent You from using all or certain parts of the Sense4Baby Services.

We do not sell or trade Your information, except as otherwise stated herein.

The following are the specific types of information we collect in connection with the Portal or Sense4Baby Services:

    • In order to use the Sense4Baby Services, Your healthcare provider will create an account for You. This information may include Your first and last name, email address, phone number, Emergency contact information, Date of Birth, Country, gestational age, last menstrual period, estimated delivery date and gravida/para, number of miscarriages and number of abortions, number of living children, fertility related information, blood pressure, serum glucose level, weight history, diagnosis, allergies, medications and emergency contact information. Additionally, when you use the Sense4Baby Services, Your device with the Sense4Baby App will store additional information and make this information available to your healthcare provider.

Sense4Baby will NOT ask for the data required to create the account directly from You. In fact, only Your healthcare provider can create the account for or with You through their portal to the Sense4Baby Services or through the Sense4Baby App. You are not able to enter or update information directly without Your healthcare provider’s assistance.

    • Some of our Sense4Baby Services are intended to receive, store and transmit Your information to healthcare providers. We cannot control the actions of healthcare providers with whom You may choose to share the data collected using Sense4Baby Services. Therefore, we cannot and do not guarantee that Your PII or PHI will not be viewed by unauthorized persons.
    • We DO NOT track details of Your usage of the Sense4Baby Services, such as your IP address. We may track the location of your usage of the service only when you accept and agree to the usage of location service on the smartphone (Your Device). This information will not be stored in a manner that would allow such information to be linked with Your PII or PHI.
    • A cookie is a small file that identifies a unique user upon login and allows the Sense4Baby App to keep the session open and authenticated so that the Software can collect information from You through the Sense4Baby Sensors. The Sense4Baby App’s cookies maintain Your user id and profile during a session. The cookie expires when You end Your Sense4Baby session.

You may set Your smartphone to reject cookies if You do not wish to have cookies placed on Your Device, with the understanding that doing so prevents some parts of the Sense4Baby App from functioning properly. We do not store cookies.

We may also use the information collected about You:

  • To enable You and Your healthcare providers to use the Sense4Baby Services, including uploading, storing and tracking device data and manually entered data which may contain Your information.
  • To facilitate Your use of the Sense4Baby Services.
  • Improve the Sense4Baby App and/or its respective content, features, and/or services.
  • To carry out our obligations arising from agreements that You have accepted or our agreements with Your healthcare provider.
  • To notify You about changes to the Sense4Baby Services.
  • To construct aggregated de-identified (in accordance with applicable laws and regulations, such as HIPAA) data sets which we may use in whatever manner we see fit. Aggregated de-identified data may be exported to any country in or outside the European Union, the U.S. or elsewhere.
  • To provide You and Your healthcare provider with support or troubleshooting assistance. If we have to provide support to answer a question or troubleshoot an issue, we’ll ask You or Your healthcare provider’s permission to access Your information.
  • To analyze traffic to and through the Sense4Baby App.
  • To analyze user behavior and activity on or through the Sense4Baby App.
  • To conduct research and measurement activities.
  • To monitor the activities of You on or through the Sense4Baby App.
  • To protect or enforce Sense4Baby’s rights and properties.
  • To protect or enforce the rights and properties of others (which may include You).

2. Information Sharing

We share Your information with certain third parties that help us provide Sense4Baby Services which may include our resellers or cloud service providers who have contracts with Your healthcare provider. Please see Regional Information Sharing for more information about local third party providers. These third parties are contractually prohibited from using the information for any other purposes or re- transferring it except as necessary to provide Sense4Baby Services and they are bound to strict obligations to protect the confidentiality of such information. In such regions, the rights with respect to the privacy of Your data is as set forth in their respective privacy policies. Please talk to your healthcare provider for more information.

We will allow You to opt out of any disclosures to a third party or use for any purpose other than for which it was originally collected; provided, if You opt out You may no longer receive the Sense4Baby Services.

Your information will also be shared with Your healthcare provider. If Your healthcare provider utilizes an electronic health record system (EHR), the data collected through the Sense4Baby Services may be transmitted and stored in the electronic health record system. If you would like more information about how Your healthcare provider stores Your information, please contact Your healthcare provider. We do not control, and cannot be held responsible for, how Your healthcare provider or any EHR or vendor utilizes any information received by Your healthcare provider.

Sense4Baby may also disclose Your information when required to do so by law, or in response to a subpoena or court order, or when Sense4Baby believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Sense4Baby, third parties or the public at large; provided that disclosure to protect the rights of Sense4Baby will not occur where prohibited by applicable law.

Notwithstanding the foregoing or anything else herein, in the event of a sale or other transfer of all or substantially all of Sense4Baby’s assets or capital stock, or in connection with the sale of all or substantially all of the assets related to the Sense4Baby Services, Your data will be transferred and the acquirer will be bound by the promises we have made to You as further provided in paragraph 8.

Sense4Baby does not limit the ways in which it may use or share non-personal information because non-personal information does not identify You. Sense4Baby may share non-personal, non-identifiable, summary, and/or aggregate data with its partners and other third parties. For example, Sense4Baby may freely share non-personal information with its affiliates, suppliers, and representatives, as well as with other individuals, businesses, and government entities.

3. Our Commitments

We commit to:

  • Not use or disclose Your information other than as permitted or required by any associated agreement and this Privacy Policy, or as required by law; and
  • Use appropriate safeguards to prevent use or disclosure of Your information other than as provided for by any associated agreement and this Privacy Policy; and
  • Report to You any use or disclosure of Your information not provided for by any associated agreement and this Privacy Policy of which we become aware, including any related breach or security incident of which we become aware unless disclosure has been limited by governmental authorities; and
  • Ensure that any subcontractors or resellers that create, receive, maintain, or transmit Your information on our behalf agree to the same restrictions, conditions, and requirements that apply to us with respect to such information; and
  • Provide Your available information, that we have access to, to You upon request; and
  • Make our internal practices, books, and records available to regulatory bodies for purposes of determining compliance with applicable laws and regulations.

4. Security

We take appropriate physical, technical, and organizational measures to protect Your information from loss, misuse, unauthorized access or disclosure, alteration, and destruction. When the Sense4Baby App sends or receives information, it is done in an encrypted format via a highly secure connection. In transit all data is de-identifiable.

Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of healthcare providers with whom You share the data collected using the Sense4Baby App. Therefore, we cannot and do not guarantee that Your information will not be viewed by unauthorized persons.

TO THE FULLEST EXTENT PERMITTED BY LAW, SENSE4BABY AND ITS RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, TRANSFEREES, AND LICENSORS (COLLECTIVELY “AFFILIATED PARTIES”) ARE NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE SENSE4BABY AND AFFILIATED PARTIES FROM ANY LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTIES’ UNAUTHORIZED COLLECTION OF YOUR PERSONAL INFORMATION.

5. Data Retention

Sense4Baby may retain Your personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce its agreements; as long as Your account is active; and/or as long as needed to provide You with the Sense4Baby Services.

6. Website Links

No third party external web site links will be provided through the Sense4Baby App. The only links included are the links to the Sense4Baby Terms of Use and the Sense4Baby Privacy Policy. These are provided for convenience and for informational purposes only. Sense4Baby is not responsible for the privacy practices of your healthcare provider or any other third party vendor.

7. Children

The Sense4Baby Services are not intended for children under 13 years of age. Sense4Baby does not knowingly collect PII or PHI from children under 13. If Sense4Baby obtains actual knowledge that it has collected personal information from the Sense4Baby App from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

8. Business Transfers

As noted above, Sense4Baby may share Your personally identifiable information with other business entities in connection with the sale, assignment, merger or transfer of all or a portion of Sense4Baby’s business to such business entity. We’ll require any such business entity to honor the terms of this Privacy Policy.

9. Accessing Your Personal Information, Termination of Data Collection

You CANNOT review and change Your Personal Information and Personal Health Information through the Sense4Baby App. If you have a need to review your information, please contact Your healthcare provider.

If You would no longer like us to continue collecting data, please contact your healthcare provider prior to discontinuing use of, or uninstalling, the Sense4Baby App.

10. Contacting the Webmaster and our Data Protection Officer

If You have any questions about this Privacy Policy, the privacy practices of Sense4Baby, or Your dealings with this Sense4Baby, You can reach our Data Protection Officer/Privacy Officer:

  • by mail at 1770 St James Place, Suite 600, Houston TX 77056
  • by telephone at 1 713 680 0200
  • or by email at info@innovalp.com

If you would like to terminate Your account, please contact your healthcare provider.

11. Changes to this Privacy Policy

This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry or our privacy and security best practices evolve. We display a “Last Modified” date at the end of this Privacy Policy. If we make any change to this Privacy Policy regarding use or disclosure of Your information, we’ll notify You either by providing prominent advance notice on this page, in the Sense4Baby App, or by notifying You directly. We encourage You to review this Privacy Policy periodically to stay informed about how we are helping to protect Your information that we collect. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. Your continued use of the Sense4Baby Services constitutes Your agreement to this Privacy Policy, and any updates.

12. Severability

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court or other governmental agency charged with enforcement shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

13. Effective Date

This Policy is effective as of and was last updated on January 16, 2017.

These TERMS OF USE (the “Agreement”) are between Advanced Maternity Innovations, LP (“We” or the “Licensor”) the provider of the Sense4Baby mobile application (the “S4B App”) and the end user who accepts the terms in this Agreement (“You”, “Your” or the “User”).

THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE LICENSOR. THIS AGREEMENT SHALL GOVERN:

  • YOUR INSTALLATION AND USE OF THE S4B APP PROVIDED BY THE LICENSOR FOR USE ON THE MOBILE DEVICE DESIGNATED BY YOUR HEALTHCARE PROVIDER (“MOBILE DEVICE”);
  • THE SENSE4BABY CENTRAL UNITS (“S4B CENTRAL UNITS”) THAT HAVE BEEN PROVIDED BY YOUR PHYSICIAN, WHICH SHALL ALSO BE SUBJECT TO THE TERMS OF THE LIMITED WARRANTY FOR THE S4B APP (“S4B CENTRAL UNIT WARRANTY “); AND
  • ANY MANUALS, INSTRUCTIONS, DESCRIPTIONS, SPECIFICATIONS OR OTHER MATERIALS, IN HARD COPY OR ELECTRONIC FORM, PROVIDED BY THE LICENSOR (THE “DOCUMENTATION”) DESCRIBING OR RELATING TO THE USE OF THE S4B APP.

YOU ACKNOWLEDGE THAT YOU WILL BE USING THE S4B APP IN CONNECTION WITH PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES WHICH ARE NOT PROVIDED BY THE LICENSOR AND FOR WHICH THE LICENSOR HAS NO RESPONSIBILITY, WHICH MAY INCLUDE THE CLOUD STORAGE OF YOUR DATA AND THE PORTAL ACCESS OF THAT DATA BY YOUR HEALTHCARE PROVIDER (THE “CLOUD SERVICES”). THE IDENTITY OF THE CLOUD SERVICES PROVIDER (“CLOUD HOST”) IS DEPENDENT ON YOUR LOCATION AND IS AVAILABLE UNDER THE HEADING “REGIONAL INFORMATION SHARING” AT WWW.ADVANCEDMATERNITYINNOVATIONS.COM/SENSE4BABYPRIVACYPOLICY. THE CLOUD SERVICES (IF PROVIDED BY A HOST OTHER THAN THE LICENSOR) TOGETHER WITH THE SERVICES PROVIDED BY YOUR HEALTH CARE PROVIDER AND ANY OTHER THIRD PARTY PRODUCTS AND SERVICES WILL BE REFERRED TO COLLECTIVELY AS “THIRD PARTY SERVICES”. THE LICENSOR MAKES NO CLAIMS AS TO THE VALIDITY, ACCURACY, RELIABILITY OR STATUS OF THESE THIRD PARTY SERVICES AND SHALL NOT BE HELD RESPONSIBLE FOR ANY CLAIMS RELATING TO THE THIRD PARTY SERVICES.

THE S4B APP TRANSMITS INFORMATION RECEIVED FROM YOUR S4B CENTRAL UNIT (“PERINATAL DATA”) ON YOUR MOBILE DEVICE IN AN ENCRYPTED FORMAT AND THEN TRANSMITS THE PERINATAL DATA FROM YOUR MOBILE DEVICE IN AN ENCRYPTED FORMAT TO THE CLOUD HOST FOR ACCESS AND REVIEW BY YOUR HEALTHCARE PROVIDER. PERINATAL DATA IS ONLY TEMPORARILY STORED ON YOUR MOBILE DEVICE UNTIL SUCH DATA IS UPLOADED TO THE CLOUD SERVICES. ANY PERINATAL DATA FROM THE S4B CENTRAL UNIT CAPTURED ON A DIFFERENT DEVICE WILL NOT BE VISIBLE TO YOUR HEALTHCARE PROVIDER THROUGH THE CLOUD SERVICES.

IF THE LICENSOR IS NOT YOUR CLOUD HOST, THE LICENSOR MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS CONTROL OR THE ABILITY TO CONTROL THE PERINATAL DATA ONCE IT IS TRANSMITTED TO CLOUD HOST OR TO YOUR HEALTHCARE PROVIDER. FOLLOWING TRANSMISSION TO THE CLOUD HOST, THE PERINATAL DATA IS UNDER THE DIRECT AUTHORITY AND CONTROL OF YOUR HEALTHCARE PROVIDER. PLEASE REVIEW YOUR HEALTHCARE PROVIDER’S PRIVACY POLICIES PRIOR TO UTILIZING THE S4B APP. THE CLOUD HOST IS NOT ABLE TO ACCESS OR MODIFY YOUR PERINATAL DATA IN ITS ENCRYPTED FORMAT AS STORED IN THE CLOUD SERVICES.

The Licensor may change the terms of this Agreement at any time by notifying You of a change when You next log-in to the S4B App following the installation of an update which You may receive directly from the Licensor or through an online platform, such as an app store. The new terms may be displayed on-screen and You may be required to read and accept them to continue Your use of the S4B App. If You choose not to accept any new terms You will not be able to use the S4B App any longer. For German users: You will be notified of any changes in this Agreement when You start the S4B App. You will be able to store or print out changes to the terms of this Agreement in legible form. Changes will be considered to have been accepted by You unless You inform Licensor of Your rejection of the terms in writing either via hard copy notice or by using electronic means agreed upon by You and Licensor. If You should decide to object to any change, You must do so within six (6) weeks after receipt of announcement of the change.

BY CLICKING THE “I ACCEPT” BUTTON OR BY INSTALLING, USING OR OTHERWISE ACCESSING THE S4B APP, YOU (I) INDICATE THAT YOU INTEND YOUR ACT TO SERVE AS YOUR SIGNATURE TO THIS AGREEMENT AND TO HAVE THE SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE AND (II) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR THAT, IF THE USER OF THE S4B APP IS UNDER 18 YEARS OLD, THE PERSON INSTALLING THE S4B APP IS THE USER’S PARENT OR LEGAL GUARDIAN.

IF YOU DO NOT ACCEPT ALL TERMS OF THIS AGREEMENT, CLICK THE “REJECT” BUTTON AND DO NOT INSTALL THE S4B APP OR OTHERWISE USE OR ACCESS THE S4B APP.

BY CLICKING ON “I ACCEPT”, YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS IN COMPUTER SOFTWARE, HARDWARE AND INTERNET CONNECTIVITY THAT MAY RESULT IN INTERRUPTIONS OR ERRORS IN THE S4B APP AND THE DATA TRANSMITTED USING THE APP; LOSS OF PRIVACY, CONFIDENTIALITY, INFORMATION OR PROPERTY; AS WELL AS OTHER LOSSES, DAMAGES OR ADVERSE OCCURRENCES, REGARDLESS OF THE MEASURES TAKEN TO AVOID SUCH OCCURRENCES.

1. USER ACCOUNTS; NON-TRANSFERABILITY OF PATIENT ACCOUNT.

  1. New User Accounts. To use the S4B App Your healthcare provider must create an account for you through their portal. For information about what personal information and other data (“User Data”) may be collected, used, shared and/or disclosed, please see our Privacy Policy. You understand and agree that Your information, including Your Perinatal Data, is subject to the terms of our Privacy Policy.
  2. No Transfer. The S4B App may not be transferred to another end user and should be uninstalled if You transfer the Mobile Device on which it is installed or if You are no longer using the S4B Central Unit. The data You transmit to the Cloud Services using the S4B App is specific to You. If another end user desires to utilize the S4B App, he or she should consult with her healthcare provider and receive instructions about how to create an account for use of the S4B Central Unit and S4B App for her personal healthcare situation.
  3. Termination of Account. Licensor and/or Your healthcare provider may terminate Your user account at any time, for any or no reason, and without notice to you (including, without limitation, if Licensor believes that you have violated or acted inconsistently with this Agreement). Upon such termination, all rights granted to you hereunder shall automatically revert back to Licensor, and all representations, warranties, covenants, certifications, indemnifications, and promises made by you under this Agreement shall survive in perpetuity.

2. LICENSE GRANT.

    1. License Grant – S4B App. The Licensor hereby grants You a limited, non-transferable, non-exclusive license (the “License”) to install and use the S4B App on Your Mobile Device provided that You agree to and comply with all terms and conditions of this Agreement in connection with Your use of the S4B App on Your Mobile Device.
    2. Reservation of Rights. You do not have the right to use the S4B App on any device other than the Mobile Device provided or otherwise designated by Your healthcare provider. You do not have the right to distribute the S4B App or post or otherwise make available the S4B App, or any portion thereof, in any form, on the Internet or in any other way, to any other person. You have no right to receive, distribute, use or examine any source code or design documentation relating to the S4B App, except and then solely to the extent required to be permitted by applicable law. The License granted herein does not constitute a sale of the S4B App or the Documentation, or any portion or copy thereof. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE LICENSOR. You agree to only use the S4B App as expressly permitted herein. The S4B App is licensed, not sold, to You by the Licensor. The foregoing shall not apply to German users to the extent prohibited by applicable copyright law in Germany.

You acknowledge that the S4B App contains CONFIDENTIAL source code and agree not to disclose, provide, or otherwise make available confidential information within the S4B App in any form to any third party without the prior written approval of Licensor. Unauthorized copying of the S4B App or failure to comply with the restrictions in this Agreement (or other breach of the License herein) will result in automatic termination of this Agreement and You agree would cause immediate, irreparable harm to the Licensor or its affiliates and/or its licensors for which monetary damages would be an inadequate remedy and that injunctive relief will be an appropriate remedy for such breach. Some of the foregoing provisions may be ineffective in certain countries/states/provinces/jurisdictions, so the above acknowledgements and terms may not apply to You in their entirety. For German users: Your right to prove that no damage has occurred remains unaffected by the foregoing.

  1. Third Party Services. Notwithstanding the terms and conditions of this Agreement, any Third Party Services that are licensed or provided to You may be subject to the terms and conditions of a purchase agreement, software license agreement, privacy policy or services agreement accompanying or otherwise provided to You with respect to such Third Party Service whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download or installation. Your use of the Third Party Services shall be governed entirely by the terms and conditions of any such agreement(s) or policy(ies). THE LICENSOR SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO ANY OF THE THIRD PARTY SERVICES.
  2. Ownership Of Intellectual Property. The Licensor, its affiliates and its suppliers own or license all rights, title and interest in and to the S4B App and the related Documentation. You agree to refrain from any action that would diminish such rights or would call them into question. You acknowledge and agree that all Intellectual Property Rights (as defined hereinafter) in the S4B App and Documentation and any improved, updated, upgraded, modified, customized or additional parts thereof are owned by the Licensor, its affiliates or its licensors and are protected by law and international treaty provisions, including but not limited to copyright, patent, trade secret, trade dress, trademark, rights in get-up, goodwill, rights in designs, technology, artwork, rights in computer software (including source code), database and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereinafter invented, in any part of the world (“Intellectual Property Rights”). The license granted herein confers no title or ownership in the Intellectual Property Rights in the S4B App, the Documentation, or any other technology, information or materials, and as between the parties, the Licensor retains exclusive ownership of all right, title and interest in and to all aspects of the S4B App, the Documentation, and all other technology, information and materials, as well as any and all copies or modifications thereof (by whomever made and whenever made), including, but not limited to, all Intellectual Property Rights with respect to any and all of the foregoing. Portions of the S4B App may include copyrighted material provided by third parties. The licensors of such third party materials retain all of their respective right, title and interest in and to such third party materials and all copies thereof, including, but not limited to, any and all Intellectual Property Rights. The use of this material and the associated rights are hereby acknowledged except, and then solely to the extent, that the foregoing is ineffective in certain countries/states/provinces/jurisdictions. Any goodwill derived through the use of the Intellectual Property Rights pursuant to the terms of this Agreement shall inure solely to the benefit of the Licensor, its affiliates and/or its licensors. The structure, organization and code of the S4B App are the valuable trade secrets and confidential information of the Licensor, its affiliates and/or its licensors. You shall not remove any product identification, copyright notices or proprietary restrictions from the S4B App. Sense4Baby is a trademark of Gary and Mary West Health Institute in various jurisdictions and is licensed to Licensor. Any and all goodwill derived through the use of the Sense4Baby trademark pursuant to the terms of this Agreement shall inure solely to the benefit of Licensor and its licensees. Other trademarks included or accessed during the use of the S4B App are the trademarks of their respective licensors. Licensor reserves all rights not expressly granted to You in this Agreement.
  3. Limitation On Reverse Engineering. Except to the extent that such restriction is not permitted under applicable law, You are not permitted (and You agree not to and not to permit or facilitate third parties to) reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code, reduce non-human readable elements in the S4B App to human-readable form, modify or adapt the S4B App, any updates to same, or any part thereof, except and then solely to the extent required to be permitted under applicable law.
  4. Limitations on Use. You may not rent, lease, lend, sell, redistribute, transfer, assign or sublicense the S4B App or use the S4B App for commercial timesharing or otherwise in providing services to third parties. You may not sublicense, assign or transfer the License or S4B App.
  5. Support. Technical support for the S4B App will be free during Your use of the S4B Central Units and if You need assistance with the S4B App please contact your healthcare provider. Licensor reserves the right at any time to discontinue, cancel, or modify the technical support provided. If a support issue arises while the S4B Central Unit is connected to the Mobile Device, do not uninstall the S4B App and do not clear data from the S4B App before contacting Your healthcare provider. Uninstalling the S4B App and/or clearing data will cause You to lose all data which has not yet been uploaded to the Cloud Services and will cause Your current S4B Central Unit to be unreadable.

3. UPDATES AND UPGRADES. From time to time updates to the S4B App may be available through the online provider such as the app store or the Sense4Baby website, including related regional websites. Depending on the update, You may not be able to use the S4B App until You have downloaded the latest version of the S4B App and accepted any new terms that may apply. To use the S4B App identified by the Licensor as an upgrade, You must first be licensed to use the original S4B App identified by the Licensor as eligible for the upgrade. After upgrading, You may no longer use the original S4B App that formed the basis for Your upgrade eligibility and the upgraded software shall be deemed the “S4B App” licensed hereunder; provided, the foregoing shall not apply to German users to the extent prohibited by applicable copyright laws in Germany. This Agreement will apply to Your use of the update or upgrade unless the Licensor provides other terms along with the update or upgrade. In case of a conflict between this Agreement and other terms provided with respect to updates or upgrades, such other terms will prevail. This Section 2 will not require the Licensor to deliver new features and functionality which are priced separately by the Licensor nor any future products which may be offered by the Licensor.

4. TERM. This Agreement is effective upon Your acceptance of the same and shall continue unless terminated in accordance with the terms of this Agreement. This Agreement will terminate immediately and without additional notice in the event that You breach, and/or fail to comply with, any term or condition of this Agreement. Licensor may terminate its provision of support for the S4B App at any time if We elect to stop offering the S4B App. If Your license to the S4B App terminates, You must discontinue use and uninstall and destroy all copies of the S4B App and Documentation; all rights granted to You under this Agreement shall cease; You must immediately cease all activities authorized by this Agreement; and You will no longer be able to use the S4B App. The foregoing sentence shall not apply to German users to the extent prohibited by applicable German copyright law.

5. DATA AND PRIVACY.

  1. Privacy. The identity of the Cloud Host and information about the collection, use, storage and otherwise disclosure of Your Perinatal Data and any personal data from Your use of the S4B App (“User Data”) is specific to Your location and is available at www.sense4baby.com/privacy . Additionally, Your Perinatal Data and User Data is made available to Your healthcare provider through the Cloud Services and is subject to Your healthcare provider’s privacy policy, which Licensor recommends that You read carefully.
  2. Limited License – User Data. By submitting User Data through the S4B App, you hereby grant Licensor and/or Your Cloud Host a non-exclusive, royalty-free, fully-paid, transferable license for Licensor to host, store, reproduce, transmit to your healthcare provider, archive, and otherwise use such User Data to carry out the services of the S4B App. Licensor is not responsible for, and expressly disclaims any liability arising from or in connection with, the use or disclosure of any User Data to Your healthcare provider.

6. DISCLAIMER OF WARRANTIES; WARNINGS.

  1. The S4B App is provided to enable You to transmit data from Your S4B Central Unit to Your healthcare provider. THE USE OF THE S4B APP IS AT YOUR SOLE RISK. The S4B App is not intended for use on a mobile device that has been altered or customized to remove, replace, or circumvent the manufacturer’s approved kernel, system configuration or use restrictions, or which violates the manufacturer’s warranty. Use of the S4B App may adversely affect the operation of other software and devices. Any content created for, or included in, S4B App is for the purpose of providing information only. In providing the S4B App, the Licensor does not provide medical advice. The Licensor solely provides the S4B App to transmit Perinatal Data from Your S4B Central Unit to Your healthcare provider. The Licensor shall not have any responsibility for the Perinatal Data. The Licensor cannot warrant the accuracy of Perinatal Data received from the S4B Central Unit or as stored by Cloud Host. Do not use the S4B App during emergency situations or in situations where the health of the mother or baby is at risk. If You are concerned with Your condition or that of Your unborn child, You should contact Your healthcare provider. Do not ignore symptoms that may indicate that Your health or the health of Your unborn child is at risk. If You have symptoms that do not match the reading in the S4B App or suspect that Your reading may be inaccurate, contact Your healthcare provider. If You are experiencing symptoms that are not consistent with Your readings, consult Your healthcare provider. The content provided is not meant to serve as a substitute for medical advice, diagnosis or treatment, or for the individualized advice or care of a healthcare provider. Some of the foregoing disclaimers may be ineffective in certain countries/states/provinces/ jurisdictions, so may not apply to You in their entirety.
  2. THE S4B APP IS NOT TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE JUDGMENT, DIRECT MEDICAL SUPERVISION OR EMERGENCY INTERVENTION; OR FOR EMERGENCY USE OR FOR TRANSMISSION OR INDICATION OF ANY REAL-TIME ALARMS OR TIME CRITICAL DATA. ALL PATIENT MEDICAL DIAGNOSES AND TREATMENT ARE TO BE PERFORMED BY AN APPROPRIATE HEALTHCARE PROFESSIONAL. NEITHER THE LICENSOR, NOR ANY OF ITS AFFILIATED COMPANIES, ARE RESPONSIBLE OR LIABLE FOR ANY DIAGNOSIS, DECISION OR ASSESSMENT MADE BY A USER OR ANY INJURIES YOU OR YOUR UNBORN CHILD MAY INCUR AS A RESULT OF ANY DECISIONS MADE BASED ON THE CONTENT OF THE S4B APP AND DOCUMENTATION.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR, ITS AFFILIATES AND ITS SUPPLIERS PROVIDE THE S4B APP “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE S4B APP. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR AN AUTHORIZED REPRESENTATIVE OF THE LICENSOR SHALL CREATE A WARRANTY. THE SOLE WARRANTY APPLICABLE TO THE S4B CENTRAL UNIT IS AS SET FORTH IN THE S4B CENTRAL UNIT WARRANTY. The Licensor and its affiliates, licensors, and suppliers do NOT warrant that the functions contained in the S4B App will meet Your requirements or that the operation of the S4B App will be uninterrupted or error free or that such errors will be corrected. Software, such as that used in the S4B App, is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the S4B App for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. Some countries/states/ provinces/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to You in its entirety. To the extent applicable law requires the Licensor to provide warranties, You agree that the scope and duration of such warranty shall be to the minimum extent required to be provided under such applicable law.
  4. IN NO EVENT DOES THE LICENSOR PROVIDE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO ANY THIRD PARTY HARDWARE, SOFTWARE OR SERVICES, INCLUDING THE THIRD PARTY SERVICES WITH WHICH THE S4B APP IS DESIGNED TO BE USED AND ANY SERVICES BEING PROVIDED BY YOUR HEALTHCARE PROVIDER, AND THE LICENSOR DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF. THE LICENSOR DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTIONS OF OR CLAIMS AGAINST ANY THIRD PARTY PROVIDERS INCLUDING YOUR HEALTHCARE PROVIDER. SOME COUNTRIES/STATES/ PROVINCES/JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
  5. If You receive the S4B App through Apple Inc. (“Apple”), You acknowledge and agree that this Agreement is between You and Licensor, who is the provider of the S4B App and the content available therein, not Apple. Apple has no obligation to furnish any maintenance or support with respect to the S4B App. Apple is not responsible for addressing any claims You or any third party have or may have relating to the S4B App or Your possession and/or use of the S4B App, including, without limitation, (i) product liability claims, (ii) any claim that such S4B App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims. Apple shall have no warranty or other obligation with respect to the S4B App and shall not be subject to any losses, liabilities, damages, costs or expenses attributable to any failure of the S4B App. Apple shall be a third party beneficiary of the restrictions contained in this paragraph and Apple shall have the right to enforce the terms of this paragraph against You as a third party beneficiary hereof. If You download, access, or use the S4B App from or through Apple’s App Store, then the limited license granted to you in Section 2.a. is hereby amended to add the following restriction: You may not use the S4B App on any device other than the Apple-brand device (e.g., iPhone) that you own or control, or in any manner that is contrary to Apple’s Usage Rules.

7. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR, THE ENTIRE LIABILITY OF THE LICENSOR, ITS AFFILIATES AND ANY OF ITS LICENSORS OR SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO, IN LICENSOR’S DISCRETION, EITHER THE FIXING, REPAIRING OR OTHERWISE RECTIFYING ANY S4B APP FAULTS OR REPLACING THE S4B APP, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES, OR WHERE APPLICABLE, THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE S4B APP OR $10.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS AFFILIATES OR ANY OF ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE S4B APP, THE S4B CENTRAL UNIT, OR ANY THIRD PARTY SERVICES, SOFTWARE AND/OR HARDWARE USED WITH THE S4B APP, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE DUE TO YOUR DOWNLOADING THE S4B APP OR ANY MATERIAL/WEBSITE LINKED TO IT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF THE LICENSOR, ITS AFFILIATES OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, THE FEE CHARGED FOR THIS S4B APP WOULD BE HIGHER. Some countries/states/provinces/jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to You. For German Users: The Licensor will be liable for any culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations that must be fulfilled to permit proper execution of the Agreement and may regularly be relied upon by You. The liability of the Licensor and its developers will otherwise be limited to gross negligence and willful misconduct. In the event of any liability on the part of the Licensor or any of its developers due to any breach of cardinal obligations or slight misconduct on the part of simple vicarious agents, the Licensor’s and its developers’ liability will be limited to typical foreseeable damages. This will not affect the Licensor’s unlimited liability in connection with the loss of life, bodily injury or illness or its unlimited liability in connection with German Product Liability Act. For UK Users: Nothing in this Agreement shall exclude Licensor’s liability for (i) death or personal injury arising out of its negligence or (ii) fraudulent misrepresentation in connection with the S4B App.

8. INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD THE LICENSOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND THEIR SUCCESSORS AND ASSIGNS HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL FEES) MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAWS, REGULATIONS OR THIRD PARTY RIGHTS INCLUDING ANY INFRINGEMENT BY YOU ON THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR YOUR NEGLIGENT ACT, OMISSION OR WILLFUL MISCONDUCT. For German Users: Your right to prove that no damage has occurred remains unaffected by the foregoing.

9. U.S. GOVERNMENT CUSTOMERS. The S4B App is a “Commercial Item” as that term is defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable, Commercial Computer Software and Commercial Computer Software Documentation are licensed to the U.S. Government users (i) only as Commercial Items and (2) only with those rights granted to other users under this Agreement. Unpublished rights are reserved under the copyrights of the United States.

10. EXPORT COMPLIANCE. You shall comply with all laws and regulations of the United States and other countries (“Export Laws”) to ensure that the S4B App is not (1) exported, directly or indirectly, by You in violation of Export Laws; or (2) used by You for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. You also agree that you are not on the United States list of Specially Designated Nationals Denied Persons List, Unverified List Debarred Party List or Entity List, as these lists, regulations and laws may be amended from time to time, which lists are currently consolidated at http://export.gov/ecr/eg_main_023148.asp. You further agree that You will not use the S4B App for any purpose prohibited under applicable law. If you are not a U.S. citizen or resident, Licensor may terminate this Agreement, without breaching the Agreement or incurring any damages, at any time that the U.S. imposes restrictions on the exportation of the goods, services, software, or technology to be provided under this Agreement. Should this occur, S4B will reimburse any payment made by You for the S4B App or the S4B Central Unit that S4B cannot provide because of restrictions on the export of these items.

11. REGION-SPECIFIC STATUTORY PRIVACY LAW NOTICES. Please review our region-specific statutory privacy law notices at http://www.advancedmatenityinnovations.com/sense4babyprivacy.

12. APPLICABLE LAW. This Agreement, including those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the S4B App’s Privacy Policy), and the entire relationship between the parties including without limitation Your access or use of the S4B App (the “Parties’ Relationship”) is governed by the laws of the State of Texas exclusive of conflict of law provisions. You agree that this Agreement shall be fully performable in Harris County, Texas , and You agree that jurisdiction and venue are proper in the state and federal courts located in Bexar County, State of Texas, United States of America, with respect to any proceedings arising from this Agreement or the Parties’ Relationship. Each party waives any objection to the laying of venue in the federal courts of Texas and agree that it is not an inconvenient venue or forum. If, however, Your country of principal residence is a member state of the European Union or the European Free Trade Association, this Agreement is governed by the laws of that country, and any action at law may only be brought before a court of competent jurisdiction of that country. For the avoidance of any doubt, the parties hereby agree that this Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever. EACH PARTY, KNOWINGLY AND AFTER CONSULTATION WITH COUNSEL, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, WAIVES ALL RIGHT TO TRIAL BY JURY AND TO BRING A CLAIM AS A MEMBER AND/OR REPRESENTATIVE OF A CLASS ACTION FOR ANY CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, THE PARTIES’ RELATIONSHIP OR ANY MATTER RELATED IN ANY WAY HERETO UNLESS SUCH WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

13. ENTIRE AGREEMENT. This Agreement is the entire agreement between You and the Licensor relating to the S4B App and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the S4B App or any other subject matter covered by this Agreement. To the extent the terms of any policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. In the event of a conflict between the English and any non-English versions of this Agreement, the English version shall govern. If You are located in the Province of Québec, Canada, then the following provision applies: Les parties aux présentes confirment leur intention que cette convention ainsi que tous les documents afférents soient redigés dans la langue anglaise. (Translation: “The parties confirm that this Agreement and all related documentation are and will be in the English language.”) If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in force and effect. Sections 2.d, 4, 5, 6, 7, 8, 9, 10, 12, and 13 shall survive termination of this Agreement.

14. FORCE MAJEURE. Neither the Licensor nor any of its affiliates or licensors shall have any liability for any failure to perform its obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of the Licensor or such other party.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, UNDERSTAND ALL SUCH TERMS AND CONDITIONS AND AGREE TO BE BOUND THEREBY.

BY CLICKING THE “I ACCEPT” BUTTON OR BY INSTALLING OR USING THE S4B APP, YOU INDICATE THAT YOU INTEND YOUR ACT TO SERVE AS YOUR SIGNATURE TO THIS AGREEMENT AND TO HAVE THE SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE.

Please print a copy of this Agreement for Your records.

IF YOU DO NOT ACCEPT ALL TERMS OF THIS AGREEMENT, CLICK THE “REJECT” BUTTON AND DO NOT INSTALL OR USE THE S4B APP.

LIMITED WARRANTY FOR SENSE4BABY MODEL C SYSTEM

IMPORTANT: BY USING YOUR SENSE4BABY OR AMI’S SENSE4BABY MODEL C SYSTEM (THE “MODEL C SYSTEM”) YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE AMI TWELVE (12) MONTH LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT PURCHASE OR USE YOUR MODEL C SYSTEM UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE MODEL C SYSTEM AND RETURN IT WITHIN THE RETURN PERIOD STATED IN AMI’S RETURN POLICY FOR A REFUND.

WHAT IS COVERED BY THIS WARRANTY?

Advanced Maternity Innovations (“AMI”) warrants the Model C System contained in the original packaging against defects in materials and workmanship when used normally in accordance with the AMI published guidelines for a period of twelve (12) months from the date of original purchase from AMI or its authorized resellers (“Warranty Period”). This warranty is limited to the healthcare provider which purchased the Model C System. AMI published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

HOW CONSUMER LAW RELATES TO THIS WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, AMI DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.

WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AMI DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, AMI LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT AMI OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED IN THIS LIMITED WARRANTY. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any hardware products or any software, even if packaged or sold with the Model C System. Manufacturers, suppliers, or publishers of these hardware products or software may provide their own warranties to you – please contact the provider for further information. Please refer to the terms of use, licensing or services agreement pursuant to which you or your physician may access or use the software or portal (“AMI Services”) for details of your rights with respect to the use of such AMI Services. AMI does not warrant that the operation of the Model C System in connection with the AMI Services will be uninterrupted or error-free. AMI is not responsible for damage arising from failure to follow instructions relating to the Model C System’s use.

This Warranty does not apply and shall be considered void with respect: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage, breakage or failure caused by accident, abuse, misuse, tampering, neglect, liquid contact, fire, earthquake, shipping, or other external cause; (e) to damage caused by operating the Model C System outside AMI published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not an authorized representative of AMI; (g) to a Model C System that has been modified to alter functionality or capability by any third party; (h) to any operation or use of the Model C System that is not listed in AMI published guidelines; (i) to defects caused by normal wear and tear or otherwise due to the normal aging of the Model C System, or (j) to any Model C System where the serial number has been removed or defaced.

GEOGRAPHIC RESTRICTIONS ON WARRANTY SERVICE

AMI may restrict warranty service for the Model C System to the country where AMI or its authorized distributors originally sold the device.

YOUR RESPONSIBILITIES

It shall be the purchaser’s responsibility to return the product directly to AMI or to an authorized distributor, agent, or service representative. In order to return the product, you must first obtain a return authorization number from AMI. All products must be returned in a clean, decontaminated condition. AMI reserves the right to refuse to service equipment returned in a contaminated condition. Before receiving warranty service, AMI or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues, and follow AMI procedures for obtaining warranty service.

WHAT WILL AMI DO IN THE EVENT WARRANTY SERVICE IS REQUIRED?

If during the Warranty Period you submit a valid claim to AMI, AMI will, at its option, (i) repair the Model C System using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Model C System with a device that is at least functionally equivalent to the Model C System and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) refund the original purchase price upon return of the defective Model C System.

AMI may request that you replace certain user-installable parts or Model C Systems. A replacement part or Model C System, including a user-installable part that has been installed in accordance with instructions provided by AMI, assumes the remaining term of the Warranty or twelve (12) months from the date of replacement or repair, whichever provides longer coverage for you. When the Model C System or any part is replaced or a refund provided, any replacement item becomes your property and the replaced item or the item for which a refund has been issued becomes AMI property.

Where international service is available, AMI may repair or replace Model C Systems and parts with comparable Model C System and parts that comply with local standards.

HOW TO OBTAIN WARRANTY SERVICE

Please access and review the online help resources described below before seeking warranty service. If the Model C System is still not functioning properly after making use of these resources, please contact AMI using the information provided below and AMI will help determine whether your Model C System requires service and, if it does, will inform you how AMI will provide it. When contacting AMI via telephone, other charges may apply depending on your location.

You can phone AMI at 713 680 0200

You can mail your question to 1770 St James Pl, Suite 600, Houston TX 77056, Attn: Warranty Department.

WARRANTY SERVICE OPTIONS

If AMI determines that your Model C System is eligible for mail-in service, AMI will send you prepaid waybills and if applicable, packaging material, so that you may ship your Model C System to an AMI location in accordance with AMI’s instructions. Once service is complete, AMI will return the Model C System to you. You will pay for shipping to and from your location.

Service where AMI requires return of the replaced Model C System or part. AMI may require a credit card authorization as security for the retail price of the replacement Model C System or part and applicable shipping costs. If you are unable to provide credit card authorization, AMI may offer alternative arrangements for service. AMI will ship a replacement Model C System or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Model C System or part. If you follow the instructions, you will not be charged for the Model C System or part and solely shipping to and from your location will be applied to the credit card. If you fail to return the replaced Model C System or part as instructed or return a replaced Model C System or part that is ineligible for service, AMI will charge your credit card for the authorized amount.

Service where AMI does not require return of the replaced Model C System or part. AMI will ship you free of charge a replacement Model C System or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Model C System or part.

AMI reserves the right to change the method by which AMI may provide warranty service to you, and your Model C System’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Model C System cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, AMI may refuse warranty service and, if AMI agrees to provide warranty service you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM FOR LOSS OR DAMAGE SHALL BE EXPRESSLY LIMITED TO THE RETAIL PRICE PAID BY THE ORIGINAL PURCHASER. AMI IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA CREATED BY OR USED WITH THE MODEL C SYSTEM OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION COLLECTED OR TRANSMITTED BY THE MODEL C SYSTEM.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. AMI DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR THE MODEL C SYSTEM UNDER THIS WARRANTY OR REPLACE THE MODEL C SYSTEM WITHOUT RISK TO OR LOSS OF INFORMATION COLLECTED BY THE MODEL C SYSTEM.

SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GENERAL

No AMI distributor, reseller, agent, or employee or other representative is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Model C System purchase took place. AMI or its successor is the warrantor under this Warranty.