Terms of Use

 

1.ACCEPTANCE OF TERMS

 

Welcome to Sency’s digital platform which remotely analyzes and tracks your movement and progress through our motion analysis technology (the “Motion Analysis Technology”). The website (the “Website”) and application (the “Application”) are owned and operated by Sency Interactive LTD, a corporation organized and existing under the laws of the State of Israel and its subsidiaries and/or its affiliates (“Sency” or “we” or “our”). The terms of use below (these “Terms”) govern your use of and access to the Website and Application, any use of the Sency proprietary platform and technology for visual data as a service (including any demos or trials that may be provided) (the “Solution”), and of any services provided by Sency through the Website or Application (collectively, the “Services”).

 

ATTENTION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES, REGISTERING FOR A DEMO OR TRIAL OF THE APPLICATION, OR OTHERWISE SUBMITTING AND/OR MAKING AVAILABLE ANY CONTENT OR INFORMATION, INCLUDING WITHOUT LIMITATION, ANY INFORMATION RELATING TO YOU SUCH AS NAME, CONTACT INFORMATION, IMAGES AND VIDEOS OF YOU, AND ANY OTHER MATERIALS (THE “SUBMITTED DATA”) THROUGH THE APPLICATION. “YOU” OR “USER” REFERS TO (I) ANY NATURAL PERSON THAT USES THE SERVICES FOR THEIR OWN ACTIVITY; AND (II) PHYSICAL THERAPISTS, WELLNESS COACHES, OR ANY OTHER PROFESSIONAL WHO IS INVITED BY SENCY TO PROVIDE USERS WITH CONSULTATION SERVICES TO IMPROVE THEIR PHYSICAL PERFORMANCE (THE “PROVIDERS”). BY USING THE SERVICES, INCLUDING REGISTERING FOR A DEMO OR TRIAL, OR OTHERWISE MAKING AVAILABLE ANY SUBMITTED DATA, YOU CONSENT TO BE BOUND BY THESE TERMS AND CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES NOR REGISTER FOR ANY DEMO OR TRIAL OF THE SERVICES. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (THE PARTY USING THE SERVICES OR OTHERWISE OBTAINING ACCESS TO THE SOLUTION), AND SENCY. ANY COMMERCIAL OR PRODUCTION USE OF THE SERVICES OR THE SOLUTION SHALL BE GOVERNED BY A SEPARATE PAID ENTERPRISE/PERSONAL SERVICE AGREEMENT (“SA”) TO BE ENTERED INTO BETWEEN YOU AND SENCY.

 

BY ACCEPTING THESE TERMS, YOU CONFIRM YOUR UNDERSTANDING THAT NOTHING PROVIDED BY SENCY VIA ANY METHOD WHATSOEVER, CONSTITUTES A MEDICAL SERVICE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS NOR FOR YOUR OTHER MEDICAL NEEDS. IF YOU REQUIRE MEDICAL CARE, PLEASE CONTACT YOUR DOCTOR OR OTHER HEALTH SERVICE PROVIDER.

 

IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. DO NOT RELY ON SENCY IN THE EVENT OF AN EMERGENCY UNDER ANY CIRCUMSTANCES.

 

2.THE SERVICES

 

Subject to these Terms and your compliance herewith, Sency hereby grants to you a worldwide, non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license, to browse and access the Services, and in the scope of the Demo or Trial (as such terms are defined below), to use and access the Solution and Services as made available under such Demo or Trial.

 

You are solely and fully responsible for maintaining the confidentiality of your login credentials (email, username and password) of your account, and for all activities that occur under your account. You agree not to disclose your login credentials to any third party.

 

3.DEMO AND TRIAL OF THE SERVICES.

 

We may make available through the Services certain demonstration(s) of the Solution and Services (a “Demo”) and/or allow you to register for a free or paid trial of the Solution and Services (a “Trial”). Any Demos or Trials and any use thereof are governed by these Terms.

 

4.THE PROVIDERS

 

Sency does not employ the Providers that provide their services as part of the Services. Sency collects and shares User Data in order to formulate feedback that is appropriate for you (“Feedback”), including but not limited to work out plans tailored specifically to you. Providers only receive User Data for the purpose of developing and providing such Feedback, and all in accordance with our Privacy Policy. Notwithstanding the foregoing, Sency cannot guarantee, and explicitly disclaims, the quality, accuracy, sufficiency and fitness for purpose of any and all Feedback provided to you by a Provider. Your relationship with the Provider is strictly with the Provider.

 

5.INTELLECTUAL PROPERTY; LICENSE

 

All rights, including intellectual property rights, that are related to or arising from the Services or Solution, including all content included on or incorporated therein, such as any analyses, reports, conclusions, discoveries, text, images, photos, any recognized form of intellectual property, UI, technology, software, and any other Sency proprietary materials included and/or used therein but excluding Submitted Data (collectively, the “Content”), and any derivative, enhancement or modification of the Content, is and shall, as between you and Sency, remain exclusively owned by Sency at all times, and is protected by applicable proprietary rights and laws.

 

These Terms do not confer upon you any right in the Website, Application, Content, Solution or Services or any part thereof other than the limited license to use the Services and Solution as stated above.

 

6.USER CONDUCT; RESTRICTION ON USE

 

In connection with your use of the Services, you agree to abide by all applicable local, national and international laws and regulations and you may not, whether by yourself or through anyone on your behalf, nor allow or facilitate a third party to: (i) use and/or access the Services or Content for any illegal, or unauthorized purpose, including to benefit third parties, such as but not limited to disclosing any technical features, or comparative analyses relating to the Solution and/or Services, or otherwise commercially disposing of or making your access to the Services and/or Solution available to third parties; (ii) use any of the Services or any part thereof for any purpose or in any manner not explicitly authorized hereunder; (iii) violate any rights of others or the operational or security mechanisms of the Solution and Services; (iv) copy, modify, distribute, publicly display, create derivative works of, emulate, translate, reverse engineer, or decompile the Solution and/or Services, or any parts or derivatives thereof, for any purpose; (v) make available through or in connection with the Solution or Services any content, including any Submitted Data, in a manner which infringes third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; (vi) make available in connection with the Solution and/or use of the Services any malware, viruses, spam, or any other computer code, file, or program that may or is intended to damage, hijack, or otherwise disrupt the operation of any hardware, software, or telecommunications equipment; (vii) interfere with or disrupt the operation of the Solution and/or Services, or the servers or networks that host or make them available; (viii) bypass any measures which may be used to prevent or restrict access to the Solution and/or Services and/or certain functionalities therein; (ix) remove any and all notices, restrictions and signs indicating proprietary rights of Sency and/or its licensors, contained in or accompanying the Solution, and/or Services; (x) access and/or use any Services, Solution and/or the Content provided therein in order to build a competitive product or service.

 

7.USER ELIGEBILITY

 

You represent that you are at least eighteen (18) years of age. We reserve the right to require you at any stage to provide proof of age so that we can verify that only eligible users are using the Services. In the event that we become aware that a person under the age of eighteen (18) is using the Services we reserve the right to prohibit and block such User from further accessing the Services and/or Application.

 

8.USER DATA; SUBMITTED DATA

 

In your use of and access to the Solution and Services as permitted hereunder, you may provide, and Sency may collect, store, transfer and use certain data and information related to you and to your use or access to the Solution and/or Services, including without limitation, the Submitted Data, information required for registration processes, and information that Sency derives from such information (the “User Data”), all pursuant to the provisions of our privacy policy located here [link] (the “Privacy Policy”).

 

By providing the Submitted Data, you grant Sency and its affiliates an irrevocable, non-exclusive, worldwide, royalty-free, non-transferable, and sublicensable license during the Term, to use, process, edit, host, reproduce and create derivative works from the Submitted Data, for the sole purpose of and as required for Sency to provide you the Services and the Solution, including as part of the Trial or Demo. In addition, you grant Sency and its affiliates a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, fully paid up, license to collect, store, process, analyze, transfer, and otherwise use any and all metadata, data concerning processes, analysis and other development parameters, resulting or otherwise obtained from your use of the Services, but excluding Submitted Data which in any event shall not be used except as permitted under these Terms, for improving our products and services, provided that such data has been aggregated or anonymized such that it cannot in any way be understood to relate to any identifiable person or entity.

 

YOU HEREBY CONFIRM THAT YOU ARE EITHER THE ORIGINAL OWNER OF THE SUBMITTED DATA OR USER DATA YOU UPLOADED/MADE AVAILABLE OR THAT YOU HAVE THE NECESSARY RIGHTS AND AUTHORIZATIONS TO PROVIDE SUCH DATA UNDER THE TERMS HEREOF. YOU CONFIRM THAT ALL SUBMITTED DATA OR USER DATA PROVIDED BY YOU IS ACCURATE. YOU ALSO CONFIRM THAT NONE OF YOUR SUBMITTED DATA WILL INCLUDE INFORMATION THAT (I) IS SUBJECT TO CONFIDENTIALITY OBLIGATIONS, (II) VIOLATES APPLICABLE LAWS OR REGULATIONS, OR (III) POSES A RISK TO A PERSON’S SAFETY, SECURITY OR HEALTH.

 

Other than the Submitted Data necessary for the provision of the Services, you represent and warrant that the Submitted Data does not and shall not include any other information which may be deemed Personal Information, as such term is defined in the Privacy Policy or under any applicable law, or other data that is subject to any other regulatory or statutory protection regimes.

 

9.CONFIDNETIALITY

 

Either party (a “Disclosing Party”) may make available to the other party (a “Receiving Party”) certain confidential information regarding its technology, operations and business (“Confidential Information”). Receiving Party agrees to apply and maintain appropriate technical and organizational measures to protect Confidential Information from accidental or unlawful destruction, loss, alteration, and/or unauthorized disclosure or access. Such measures will be no less than is commercially reasonable within similar and related industries. Receiving Party also agrees to not use any Confidential Information except as required to facilitate the use of the Services or Solution in the scope of the parties’ engagement hereunder. Confidential Information shall not include information that Receiving Party can show by written evidence (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly available and free of confidentiality restrictions. Receiving Party shall not be prevented from disclosing Confidential Information pursuant to a binding court order or similar binding legal requirement for disclosure, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperates to only provide as much Confidential Information as is legally required to comply with such a request. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Receiving Party shall in any event remain liable for any actions or omissions performed by its employees and service providers, as if performed by Receiving Party themselves. Upon termination or expiration of these Terms for any reason or upon Disclosing Party’s written request, Receiving Party shall return or permanently destroy all Submitted Data in its possession and at Disclosing Party’s request.

 

All Submitted Data is the Confidential Information of User and, except as expressly set forth above with respect to anonymized or aggregated data, Sency shall not disclose such Submitted Data to third parties or use such Submitted Data, except to provide the Services, including any Demo or Trial, to User.

 

10.YOUR CONTRIBUTIONS TO THE APPLICATION OR THE SERVICES

 

If you provide us with any suggestions, material, ideas, comments or other feedback relating to the Solution, the Services and/or the Content (“User Feedback”), you agree that we may, in our sole discretion, use any User Feedback in any way, including without limitations in future modifications of the Solution, Services or promotional materials relating thereto. Additionally, you agree that all User Feedback shall become the exclusive property of Sency, and you voluntarily waive any and all “moral rights” which you may have in such User Feedback.

 

11.PRIVACY POLICY.

 

Information about or related to you that we collect or obtain through the Services, including Demos and Trials, is subject to our Privacy Policy, available here Add hyperlink to Privacy Policy. By accessing the Services, including Demos or Trials, you consent to the collection and use of information as described herein and/or in our Privacy Policy, as may be amended by us from time to time.

 

12.DISCLAIMER OF ALL WARRANTIES

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOLUTION, SERVICES, AND CONTENT, PURSUANT HERETO, IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.

 

THE SOLUTION AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SOLUTION, THE SERVICES AND THE CONTENT, AS MADE AVAILABLE HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SOLUTION OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR, BUG OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOLUTION, SERVICES, AND THE CONTENT, IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, AVAILABILITY, USEFULNESS, RELIABILITY OR OTHERWISE; NOR DOES SENCY TAKE ANY RESPONSIBILITY FOR YOUR MISUSE OF ANY IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES. YOUR RELIANCE UPON ANY OF SENCY’S CONTENTS IS DONE AT YOUR SOLE RISK.

 

13.LIMITATION OF LIABILITY

 

SENCY DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OR HARM CAUSED IN CONNECTION WITH OR RESULTING FROM YOUR USE OF OR RELIANCE ON THE SERVICES OR THE SOLUTION.

 

IN THE EVENT OF ANY PROBLEM WITH THE SOLUTION OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL SENCY BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (I) ARISING OUT OF YOUR USE OR THE INABILITY TO USE THE SERVICES, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR (III) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THE SOLUTION OR SERVICES. IN NO EVENT WILL SENCY, NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, OR EMPLOYEES’ (“SENCY PARTIES”) AGGREGATE LIABILTY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO SENCY IN RESPECT OF THE SERVICES.

 

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD.

 

SENCY DOES NOT OFFER MEDICAL ADVICE, AND NOTHING IN THE SERVICES OR SOLUTION, NOR THROUGH ANYTHING COMMUNICATED BETWEEN THE PARTIES BY ANY MEANS WHATSOEVER, ARE INTENDED TO CONSTITUTE OR REPLACE ANY MEDICAL ADVICE OR SERVICES OF A LICENSED, TRAINED, IN-PERSON PHYSICIAN, PHYSICAL THERAPIST OR OTHER HEALTH PROFESSIONAL. ANY MEDICAL OR HEALTHCARE ADVICE PROVIDED TO YOU IN RELATION TO THE SOLUTION OR SERVICES IS NOT PROVIDED BY SENCY BUT RATHER BY THE INDIVIDUAL MEDICAL OR HEALTHCARE PROVIDERS WITH WHOM YOU MUST FIRST ESTABLISH A PHYSICAL THERAPIST-PATIENT RELATIONSHIP OR A PHYSICIAN-PATIENT RELATIONSHIP. USING, ACCESSING, AND/OR BROWSING THE SERVICES, OR PROVIDING PERSONAL MEDICAL HISTORY IN RELATION TO THE SERVICES OR SOLUTION DOES NOT CREATE A PHYSICAL THERAPIST-PATIENT OR PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND SENCY OR ANY OF ITS EMPLOYEES AND/OR AFFILIATES.

 

You should consult a healthcare provider licensed in your state in all matters relating to your health. As such, the Services are not covered or meant to be covered by an insurance policy. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Service, without further consulting a healthcare provider. Any content accessed through or offered by the Services is for informational and educational purposes only, and is not intended to cover any possible uses, directions, precautions, drug interactions, or adverse effects.

 

SUBJECT TO APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU OR ANYONE ON YOUR BEHALF, ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR TO THESE TERMS, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR ELSE BE FOREVER BARRED.

 

14.INDEMNIFICATION

 

YOU RELEASE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AT YOUR OWN EXPENSE SENCY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES (THE “INDEMNIFIED PARTIES”), FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSSES, DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND FEES, INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM, REPRESENTATION, WARRANTY UNDER SECTION ‎8 (USER DATA; SUBMITTED DATA), OR CONDITION OF THESE TERMS, OR A BREACH OF THESE TERMS BY ANYONE USING YOUR MOBILE DEVICE OR LOGIN CREDENTIALS, (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SERVICES, SOLUTION, OR  ANY OF OUR USERS’ SUBMITTED DATA OR THE CONTENT (III) YOUR USE OF, RELIANCE ON OR ACCESS TO ANY THIRD PARTY SOFTWARE, APPLICATIONS OR DATA RESULTING FROM YOUR USE OF THE SERVICES; (IV) VIOLATION OF LAW OR REGULATION WITH REGARD TO YOUR SUBMITTED DATA, USER DATA, OR FEEDBACK, INCLUDING PRIVACY OR INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH ACTION, AND YOU SHALL COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AT OUR OWN EXPENSE.

 

15.AMENDMENTS

 

We may change the Services or these Terms at any time and at our sole discretion. If we make any material changes to these Terms, we will provide notice of these changes either on our Website or Application, and/or by sending you e-mail notifications regarding such changes to any e-mail address provided by you under the contact details. If you do not agree to the different terms, you should not use the Services.

 

16.PAYMENTS

 

In consideration for the Services, you shall pay Sency the amounts set forth in any invoice provided to you (the “Fees”). Payments shall be executed via a third-party service provider which we will make available through our Services. By choosing to proceed with a third-party payment service provider, you (i) agree to review and be bound by such third-party payment service provider’s terms of use and privacy policy, and (ii) acknowledge that you may need to hold or register an active account with that third party in order to complete a payment. If you fail to pay the Fees, Sency reserves the right to discontinue your use of and access to the Services.

 

17.TERM AND TERMINATION

 

These Terms shall go into effect upon your acceptance and shall continue for the duration of your use of the Services. Sency reserves the right to suspend or terminate your account at its sole discretion, including if we determine that you or anyone using your account violates these Terms.

 

18.GOVERNING LAW

 

These Terms will be governed by Israeli law without regard to its choice of law or conflicts of law principles. You expressly consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, Israel. Notwithstanding the aforesaid, temporary relief to enjoin infringement of intellectual property rights may be sought in any court.

 

19.MISCELLANEOUS

 

Sency reserves the right to change, suspend, or discontinue all or part of the Solution or Services, including as may be made available via any Demos or Trials, without prior notice, including without limitation removing any Submitted Data. You may reject such changes by discontinuing your use of the Services, including any Demos or Trials. Your continued use of the Services, including Demos, Trials, or derivatives thereto, will constitute your acceptance of and agreement to such changes.

 

Our Services are available on many different portable electronic devices. Our connection to such devices is free of charge, but your carrier’s normal rates and fees, such as text messaging fees, may still apply.

 

These Terms, as updated from time to time, comprise the entire agreement between you and us, states our entire liability and your exclusive remedy with respect to the Services, and supersedes all prior agreements pertaining to these Terms. If any provisions of these Terms are held to be contrary to law, then such provisions shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are solely used for the convenience and have no legal or contractual significance.

 

These Terms are personal to you and you may not assign any of your rights or obligations hereunder. These Terms may be assigned by us without restriction.

 

The provisions of Section ‎5 (Intellectual Property; License), Section ‎‎6 (User Conduct; Restriction on Use), Section ‎7 (User Eligibility), Section ‎11 (Privacy Policy, including the Privacy Policy referred to therein), Section ‎12 (Disclaimer of all Warranties), Section ‎13 (Limitation of Liability), Section ‎14 (Indemnification), and this Section ‎19 (Miscellaneous), will survive the termination or expiration of these Terms including any provision meant to survive such termination or expiration or any rights accrued prior thereto.

 

If you wish to receive more information about these Terms, please contact us using the details provided below:

 

Email: contact@sency.ai