Sanius Health Platform 

Terms of Use

Sanius Health Platform 

Terms of Use

  1. Introduction

We have tried to keep these terms short and clear, but they are important so please read them carefully. The Sanius Health Platform Terms of Use, together with our Privacy Policy https://saniushealth.com/privacy/ set out the rules which cover our relationship with you in relation to our Platform and the Products and Services which we provide to you as the user (“you”).

These terms apply to your use of our digital health Products and Services (“Products and Services”) and our Platform and are legally binding. You may want to print them out or save them on your device in case you ever want to come back to them in the future. The Products and Services and Platform are provided to you subject to these Terms of Use (the “Terms“). By using the Products and Services and the Platform you agree to these terms. 

Please remember that these Terms aren’t a complete list of all your or our rights or responsibilities, as there might be others under general law. If you want more information about your general rights as a consumer, contact a consumer advice organization, such as the Citizens’ Advice Bureau. 

  1. Who are we? 

We are Shelford Capital Ltd (also referred to as “we“, “our” and “Sanius Health”). We are a company registered in England under company number 11365821 and our registered office is at 19 Abbots Business Park, Primrose Hill, Kings Langley, Hertfordshire, United Kingdom, WD4 8FR trading at 39th Floor One Canada Square, Canary Wharf, London, England, E14 5AB (“Sanius Health”).

  1. How the Platform works 

The Sanius Health platform (the “Platform“) is a free of charge online platform made available by us to you designed to connect your existing health and fitness accounts or apps, wearable tech data, and any additional information you choose to provide with your medical records. 

Please be aware that we provide the Platform solely for information purposes. It is not a medical consultation. The Platform is not a suitable substitute for medical advice obtained from your doctor, general practitioner or other health service provider.

The Platform does NOT provide diagnoses for medical conditions, nor does it prescribe how you are to treat any medical issues you may have. This can only be done by consulting a medical professional (such as a general practitioner).

Features of the Platform include:

  • Access to a patient healthcare wallet whereby you will be given instant access to your full medical history, genetics and real-time biometrics. 
  • Improve your self-care whereby you are given the power to monitor, manage and better understand your own disease, wherever you are. 
  • Better outcomes, allowing for ongoing self-management and pre-emptive measures to reduce admissions, pain and health deteriorations. 
  1. Your account

To access the Products and Services we offer, you are required to complete a registration process that will manage your personal information and create customized access to the Platform with a username and password (“User Account”). Once you have successfully registered your details on the Platform you will be given access to our Products and Services as set out below.

Your User Account details (including your password) are confidential. You must not disclose this information to any third party. You are responsible for maintaining the security of your User Account and you are fully responsible for all activities that occur under the account and any other action taken in connection with your account.

You must immediately notify us of any unauthorized use of your User Account or any other breaches of security. Should you notice an unauthorized use of our User Account, or any other security breaches please contact: [email protected]

  1. Products and Services

Medical Record Integration

Where you have provided your explicit consent to do so during the registration process, we will contact your GP or personal healthcare provider in order to obtain a copy of your medical records or will, where available, provide the means for you to access your medical records directly from your GP or healthcare provider. Your medical records will then be uploaded to the Platform in order for you to manage your overall health.

Wearable watch 

After completing the registration process we will send you a patient-focused, CE-marked and FDA cleared smartwatch (the “Wearable watch”) which will track your sleep quality, activity levels, ECG, SpO2 (blood oxygen saturation), heart rate and more. The wearable watch will be provided to you free of charge. We may also offer additional health technology devices to you from time to time. Please note we will retain ownership of the Wearable watch and any other health technology devices that we send to you.

Exploring your Ancestry 

Once you have been with us and actively using your Wearable watch for one (1) month, you will have the option to be sent a genomic testing kit. This kit helps to unlock important data around your family history regarding your disease and helps us to understand which parts of your genome might be affecting your health both now and into the future.

  1. Privacy 

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy https://saniushealth.com/privacy/ and it is important that you read that information.

If you want us to delete your personal information that we hold, you may request this by emailing us at [email protected] Your information will be deleted in 30 days. 

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  1. Use of your data 

In exchange for us providing the Products and Services and Platform to you free of charge, you provide to us: (i) your explicit consent to: (a) use the data collected from your Wearable watch and from any other health technology device we may provide to you from time to time; and (b) use any data linked to mobile phone health applications (to the extent you enable the API feed); and (ii) provide to us a copy of the results from the genomic testing kit (if applicable and, in certain cases, subject to our Genetic Data Upload Consent). 

We will collect data using the integration capabilities of our Platform via an API feed and in accordance with our privacy policy.

In order to allow us to collect data via the API feed you will be required to download the applicable third-party app and enable the API feed by providing your consent to the third-party provider. We will then be able to access and pull this data stored within the third-party cloud. 

You acknowledge that any products or services provided by a third-party service provider, is solely between you and the applicable third-party service provider and is subject to the terms and conditions of such third-party services provider. 

  1. Aggregated data 

You agree that we will have the right to generate aggregated/anonymous data and that aggregated / anonymous data will belong to us which we may use for any business purpose during or after the term of our relationship with you (including without limitation to develop and improve our Products and Services and to create and distribute reports and other materials). For clarity, we will only disclose aggregated / anonymous data externally in a de-identified (anonymous) form that does not identify you, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs). 

  1. Support and how to contact us 

If you want to learn more about our Products and Services or the Platform or have any problems using them, please take a look at our support resources. 

  1. Changes to these terms 

We may amend these Terms from time to time, for example, to reflect changes in law, the functionality of the Platform or the Products and Services offered through it. We will notify you of changes to these Terms in advance via push notifications or any other manner deem we appropriate. Your continued use of the Platform and Products and Services will confirm your acceptance of the revised terms. Please check the Terms whenever you use the Platform to ensure you understand the terms that apply at that time. 

  1. Updates to the Platform 

We may update the Platform and change the Products and Services available on the Platform from time to time to improve performance, enhance functionality, reflect changes to our users’ needs or our business priorities or to address security issues. Alternatively, we may ask you to update the Platform for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform. 

  1. Operating system requirements 

If you are using the web platform, this requires the following: Chrome (latest patched version), Safari (latest patched version), Firefox (latest patched version) and 500 MB of available memory.

If you are using an Apple device, this App requires a minimum of 500 MB of available memory and iOS 13 or later operating system. 

If you are using an Android device, this App requires a minimum of 500 MB of available memory and Android v8.0 (Oreo) or later operating system.

  1. Who can use the Platform? 

You are welcome to use our Platform if you agree to comply with these Terms and you:

  • are over 18 years old; and
  • are a real, live person accessing our services for your personal use (you can’t use our Platform for commercial or business use). 
  1. Accessing the Platform

If you access the Platform on any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device. You require internet access to use the Platform and you and they may be charged by your and their service providers for internet access on the devices. You accept responsibility in accordance with these Terms for the use of the Platform on or in relation to any device, whether or not it is owned by you.

  1. Use restrictions 

The Platform is made available to you on a non-exclusive, non-transferable basis for your personal, non-commercial use only. This means that you cannot make money from your use of the Platform. 

You agree that you are the only person responsible for any costs and expenses incurred in relation to any use of the Platform by you or on your device.

You agree that you will: 

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part, to any person unless you get written permission from us first;
  • not copy the Platform except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted in these Terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things, except solely to the extent such actions cannot be prohibited by law; 
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform; and
  • not remove, alter, or obscure any copyright, trade mark or other proprietary notices appearing in or on the Platform. 
  1. Acceptable use 

You may only use the Platform for lawful purposes. You must not access or use the Platform (or any of the Products and Services or content made available through the Platform): 

  • in any unlawful way, for any unlawful purpose, or in any way that is inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;
  • in a way that infringes our copyrights or other intellectual property rights or those of any third party in relation to your use of the Platform (to the extent that such use is not permitted by these terms);
  • to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
  • in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • to collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform; 
  • to access or interfere with another user’s account or information, impersonate another person or create or use a false identity or contact details; or
  • in any way that is not authorized by us or is detrimental to us, our other users or our third-party service providers. 
  1. Intellectual property

All intellectual property rights in the Platform throughout the world belong to us (or our licensors) and your access to the Platform is provided as a service (not sold) to you. You have no intellectual property rights in, or to, the Platform other than the right to use them in accordance with these Terms.  

You licence us to use any information, data or other content (“Content”) you provide to us through the Platform or that we obtain or receive on your behalf and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide you with the Platform (and the Services offered through it) and for any other purposes set out in these Terms, including our privacy policy https://saniushealth.com/privacy/. By submitting Content you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these terms and our privacy policy.

  1. Liabilitydisclaimer

Please read the provisions of this section carefully as they exclude or limit our liability for any losses suffered by you in connection with your use of the Products and Services and the Platform. 

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited under applicable law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform, any content on it or Products and Services accessed through it, whether express or implied.

We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with: 

  • use of, inability to use or unavailability of the Platform (or any part of it); 
  • use of any products, data, information or services accessed or obtained, or messages received or transactions entered into, through or from the Platform, including use of or reliance on any content displayed on or made available through our Platform;
  • unauthorized access to or alteration of your transmissions or data; or
  • any inaccuracy or incompleteness of any information received by you or by us through the Platform.

You acknowledge that when you use our Platform to access third party content or services, we are not responsible for those third-party providers. We do not accept any responsibility or liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any acts, omissions, errors or defaults of any third party. 

We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms.

We try to ensure that all content provided by us on the Platform is accurate. However, we don’t guarantee that all the information in the Platform is up to date or accurate at all times and we accept no liability for inaccuracies or omissions. Any reliance that you may place on the information on the Platform is at your own risk. We recommend that you check the accuracy and completeness of any information before relying on it. 

Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our Platform is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our Platform. You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. If you access our Platform or other digital content provided by us and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights. 

We do not guarantee the availability of the Platform. As with any service over the Internet or mobile network, there are factors over which we have no control, for which we cannot accept liability. We may suspend, withdraw or restrict the availability of all or any part of the Platform where we consider that this is necessary for maintenance or any other business or operational reasons without any prior notice or liability to you.

The Platform is provided on an ‘as is’ and ‘as available’ basis. We try to make sure that it will work on each compatible mobile device however, we do not guarantee that the Platform will be suitable for your needs or that it will work accurately or in any particular way.

We shall not be liable for any delay or failure to provide our services or perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.

Sanius Health and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Sanius Health and all such parties together, the “Sanius Health Parties”) make no representations or warranties concerning the Products and Services, including without limitation regarding any Content contained in or accessed through the Products and Services or the Platform, and the Sanius Health Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Products and Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Products and Services. The Sanius Health Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Products and Services including, without limitation, via the Platform. THE PRODUCTS AND SERVICES, PLATFORM AND CONTENT ARE PROVIDED BY SANIUS HEALTH (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SANIUS HEALTH PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SANIUS HEALTH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. We are not responsible for other websites you link to

The Platform and the Products and Services made available to you via the Platform may contain links to independent websites which are not provided by us. These independent sites are not under our control and we are not responsible for them. We have not checked or approved the content of their privacy policies (if any). You will need to make your own independent judgment about whether to use such independent sites, including whether to buy any products or services offered by them.

  1. Termination of our contractual relationship 

You are entitled to stop using the Platform and any Products and Services at any time and to terminate your agreement with us on (1) weeks’ notice. Please follow the instructions on the Platform to deactivate your user account. 

We reserve the right at any time to terminate your agreement with us and your use of the Platform and Products and Services, with or without cause, immediately upon giving you notice in writing to the email address provided by you when you registered for your account (or any subsequent email address you provide). In particular, we may do this if: 

  • you use the Platform in a manner that is deemed by us to be contrary to these terms or fraudulent; or
  • if we stop providing the Platform.

If you or we deactivate your user account as described in this section 20 or withdraw your right to access the Platform:

  • We will:
    • delete any personal data stored about you in accordance with our privacy policy, provided that our rights to use such data in anonymized form pursuant to section 8 remains unaffected.
  • You will:
    • lose the right previously granted to you to access the Platform.
    • return to us within twenty-eight (28) days of the date of termination all wearable technology devices provided to you, such devices to be returned to the address set out at section 2 of these Terms. In the event you fail to return the wearable technology device to us, or the wearable technology device is returned to us in a condition which exceeds general wear and tear we shall be entitled to charge you for the wearable technology device.
  1. Open source software

If any open-source software is included in the Platform, the terms of an open-source license may override some of the terms of these Terms. We may notify you of such terms from time to time, or you may request details of such terms, if any apply.

  1. We may transfer these terms to someone else 

We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

  1. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 

  1. Our agreement with you

These Terms constitute the whole agreement and understanding between you and us in relation to the use of our Platform and the Products and Services. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms or your use of our Platform are superseded, except as otherwise expressly stated in these Terms.

  1. Notices

You agree that any notices and other communication may be given by us by email or posted on our Platform and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you twenty-four (24) hours after email or posting.

  1. Which laws apply to this contract and where you may bring legal proceedings

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in the Scottish, English or Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in the Northern Irish, English or Welsh courts. 

Skin Irritation Caution – Please read carefully

Devices used by Sanius Health are made of materials commonly used in wearable consumer electronic devices. However, certain people may develop skin irritation due to allergies or sensitivities. To reduce the risk of skin irritation:

  • Clean your device regularly
  • Avoid using lotions or other products under the portions of the device that contact your skin
  • Do not wear over injured skin
  • Where applicable, tighten the adjustment until snug, but not uncomfortably tight
  • Take breaks from wearing the device
  • If your skin becomes irritated, stop using device
  • If symptoms are severe or persist, consult your physician.
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