Adam Sensor Terms and Conditions
Last updated: 09/08/2024
1. Introduction
1.1 These Terms and Conditions ("Terms") govern the use of the Adam Sensor device ("Device") and the associated Adam Health mobile application and web services (collectively, the "Service") provided by Adam Health Limited ("we", "us", "our"), a company registered in England and Wales with company number 09789580 and registered office at 78 Seymour Place, London W1H 2EH, United Kingdom.
1.2 By using the Device and/or Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use our Device or Service.
1.3 We may update these Terms from time to time. The most current version will always be available on our website. By continuing to use the Device and Service after any changes, you agree to be bound by the updated Terms.
2. Definitions
2.1 "User", "you", or "your" refers to the individual using the Device and/or Service.
2.2 "Personal Data" has the meaning given to it in the UK General Data Protection Regulation (UK GDPR).
2.3 "Health Data" refers to any data collected by the Device or input by the User that relates to the User's physical or mental health.
3. Device Usage and Hardware Provisions
3.1 The Adam Sensor is a health tracking device designed to monitor nocturnal erections. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
3.2 You agree to use the Device in accordance with the provided instructions and for its intended purpose only.
3.3 The Device is for personal use only and should not be shared with other individuals.
3.4 You are responsible for maintaining the Device in good condition and following the care instructions provided.
3.5 You agree to use only the charging equipment provided with the Device or approved by Adam Health Limited. Use of unauthorized charging equipment may damage the Device and void the warranty.
3.6 In case of skin irritation or discomfort while using the Device, discontinue use immediately and consult a healthcare professional.
3.7 Warranty: The Adam Sensor device is covered by a limited warranty for 6 months from the date of purchase. This warranty covers defects in materials and workmanship under normal use. It does not cover damage resulting from misuse, accidents, modifications, or normal wear and tear.
3.8 Returns and Refunds: Due to the nature of the product and hygiene considerations, we do not accept returns or provide refunds unless the Device is faulty and covered under warranty.
3.9 Repairs and Replacements: If your Device is faulty and covered under warranty, we will repair or replace it at our discretion. Adam Health Limited will cover the costs of shipping for warranty-related repairs or replacements.
3.10 Battery: The Device contains a rechargeable battery. Do not attempt to replace the battery yourself; this should only be done by Adam Health Limited or an authorized service provider.
3.11 Disposal: The Device contains electronic components and a battery. Do not dispose of the Device in household waste. Please return the Device to Adam Health Limited or dispose of it according to local regulations for electronic waste.
3.12 Firmware Updates: The Device may receive firmware updates from time to time to improve performance, add features, or address security issues. By using the Device, you agree to receive and install these updates when prompted.
3.13 Interference: The Device uses wireless technology to communicate with your smartphone. While unlikely, it is possible that the Device could cause interference with other electronic devices. If you notice any interference, please discontinue use and contact our support team.
3.14 Environmental Conditions: The Device is designed for use in normal indoor environments. Do not expose the Device to extreme temperatures, high humidity, or water. The Device is not waterproof and should be removed before bathing or swimming.
3.15 Travel: If you plan to travel with the Device, please be aware of any relevant customs regulations or restrictions on electronic devices in your destination country.
3.16 Modifications: Any modifications or alterations to the physical Device void the warranty and may violate regulations set by regulatory bodies. Do not attempt to modify or alter the Device in any way.
4. Service Usage
4.1 To use the Service, you must create an account. You are responsible for maintaining the confidentiality of your account and password.
4.2 You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.3 You agree not to create an account using a false identity or providing false information.
4.4 You must be at least 18 years old to use the Service.
5. Data Collection and Privacy
5.1 We collect and process Personal Data and Health Data as described in our Privacy Policy, which is incorporated by reference into these Terms.
5.2 You retain ownership of your Health Data. By using the Device and Service, you grant us a worldwide, royalty-free license to use, copy, transmit, and display your Health Data for the purposes of providing and improving the Service.
5.3 We implement appropriate technical and organisational measures to protect your Personal Data and Health Data against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
6. Intellectual Property
6.1 The Device, Service, and all associated intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, are and will remain the exclusive property of Adam Health Limited.
6.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Device and Service for your personal, non-commercial use.
7. User Responsibilities and Restrictions
7.1 You agree not to: a) Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Device or Service. b) Remove any copyright, trademark, or other proprietary rights notices contained in or on the Device or Service. c) Use the Device or Service for any illegal purpose or in violation of any local, state, national, or international law. d) Interfere with or disrupt the integrity or performance of the Device or Service. e) Attempt to gain unauthorized access to the Service or its related systems or networks.
7.2 You acknowledge that the Device and Service are not substitutes for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
8. Disclaimer of Warranties
8.1 The Device and Service are provided on an "as is" and "as available" basis without any representations or warranties, express or implied.
8.2 To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.3 We do not warrant that the Device or Service will be uninterrupted, timely, secure, or error-free, or that any errors will be corrected.
9. Limitation of Liability
9.1 To the fullest extent permitted by applicable law, Adam Health Limited and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: a) Your use or inability to use the Device or Service. b) Any unauthorized access to or use of our servers and/or any personal information stored therein. c) Any interruption or cessation of transmission to or from the Device or Service. d) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party.
9.2 Our total liability for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Device and Service in the past twelve months.
9.3 Nothing in these Terms shall limit or exclude our liability for: a) Death or personal injury caused by our negligence. b) Fraud or fraudulent misrepresentation. c) Any other liability that cannot be excluded or limited by English law.
9.4 We shall not be liable for any damage to property caused by defects in the Device, except to the extent that such damage is a foreseeable result of our negligence.
10. Indemnification
You agree to indemnify, defend, and hold harmless Adam Health Limited and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Device and Service, your violation of these Terms, or your violation of any third-party right.
11. Modifications to the Device and Service
11.1 We reserve the right to modify or discontinue, temporarily or permanently, the Device or Service (or any part thereof) with or without notice.
11.2 We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Device or Service.
11.3 We may release updated versions of the Device. Your purchase of the current Device does not entitle you to receive future hardware updates or new models free of charge.
12. Updates to Terms and Conditions
12.1 We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
12.2 We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date at the top of this document. In some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification).
12.3 Your continued use of the Device or Service after we post any modifications to the Terms will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.
12.4 If you do not agree to the new terms, you are no longer authorized to use the Device or Service. Continued use of the Device or Service will be deemed acceptance of the updated terms.
12.5 These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Adam Health Limited without restriction.
13. Governing Law and Jurisdiction
13.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
13.2 Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Adam Health Limited regarding the Device and Service and supersede all prior agreements and understandings, whether written or oral.
16. Compliance with Regulations
16.1 The Adam Sensor complies with all relevant UK and EU regulations for consumer electronic devices, including CE marking requirements.
16.2 The Device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
16.3 Any changes or modifications not expressly approved by Adam Health Limited could void the user's authority to operate the equipment.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Adam Health Limited 78 Seymour Place London W1H 2EH United Kingdom
Email: support@talktoadam.com Website: www.talktoadam.com