Terms Of Use & Privacy Policy

Acceptance of Terms and Changes to Terms

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Acceptance and Eligibility

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By accessing or using the services provided by Enlisense CCM ("Company," "we," "us," or "our"), including any software, mobile applications, products, devices, or other services offered by us (collectively, the "Services"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and the Company. If you do not agree to these Terms, please do not use our Services.

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Your use of our Services constitutes your express acceptance of these Terms. To be eligible to use our Services, you must be at least 18 years old and capable of entering into legally binding contracts. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

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These Terms and Conditions, along with any additional terms, conditions, or policies referenced herein or available by hyperlink, constitute the entire agreement between you and EnLiSense CCM, superseding all prior agreements, understandings, and arrangements between you and EnLiSense CCM.

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Changes and Modifications

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We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website, and you waive any right you may have to receive specific notice of such changes. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

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t is your responsibility to periodically review these Terms for updates. If you do not agree to the revised Terms, you must stop using our Services immediately. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes.

 

If you do not agree to any change to these Terms, you must discontinue using our Services. Failure to comply with these Terms may result in the immediate termination of your account and access to our Services, without notice, in addition to any other remedies available to us.

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Medical Disclaimer

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The Services provided by EnLiSense CCM, including all information, tools, and products available through our website, mobile applications, or other platforms (collectively, the "Services"), are intended for general informational purposes only. They are not designed to diagnose, treat, cure, or prevent any medical condition or disease and do not establish a physician-patient relationship between you and EnLiSense CCM or any of our employees, agents, or healthcare professionals providing content on our platforms.

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You assume all responsibility for the proper use and interpretation of the information or services provided. While we strive for accuracy, we do not guarantee the completeness, accuracy, or usefulness of any content provided through our Services. We disclaim all liability and responsibility arising from any reliance on such content.

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You are strongly encouraged to consult with qualified healthcare providers for medical advice, diagnosis, and treatment, especially if you have specific medical conditions, are pregnant, nursing, or undergoing any form of medical treatment. The Services are not designed to replace a healthcare provider's independent judgment about the appropriateness or risks of a procedure or treatment for a given patient.

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Any test results, readings, or other data you receive through our Services are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should not take any action or avoid taking any action based on these results without first consulting a qualified healthcare provider.

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Our Services are not intended for use in medical emergencies or for critical health situations requiring prompt medical attention. If you experience a medical emergency, immediately call your healthcare provider or emergency services.

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By using our Services, you acknowledge that you understand and agree to this Medical Disclaimer and that you use our Services at your own risk.

 

FDA Disclaimer

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The products, services, and information provided through our Services have not been evaluated by the United States Food and Drug Administration (FDA). Therefore, our products are not intended to diagnose, treat, cure, or prevent any medical condition or disease. Any claims made about the efficacy of our products are based on limited research and should not be considered as conclusive evidence. We strongly recommend consulting the FDA's guidelines and regulations concerning wellness products and supplements before using our Services.

 

Indemnification

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You agree to defend, indemnify, and hold harmless EnLiSense CCM, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers ("Indemnified Parties") from and against any and all claims, actions, demands, liabilities, settlements, losses, damages, penalties, fines, costs, and expenses, including but not limited to attorney's fees and accounting expenses, arising out of or related to:

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1. Your violation of these Terms and Conditions or any other policies or guidelines set forth by EnLiSense CCM.

2. Your use or misuse of the Services, including any data or content transmitted or received by you.

3. Any unauthorized access to or use of our secure servers and/or any personal information stored therein.

4. Any third parties who use your account with or without your permission.

 

In the event of a claim requiring indemnification, the Indemnified Parties will provide you with prompt written notice of such claim. You agree to assume the defense and settlement negotiations of such claim, provided that no settlement that affects the rights or obligations of the Indemnified Parties shall be made without our prior written approval. The Indemnified Parties reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. Any disputes arising under this clause will be governed by the dispute resolution provisions set forth in these Terms.

 

In the event of a claim requiring indemnification, the Indemnified Parties will provide you with prompt written notice of such claim. You agree to assume the defense and settlement negotiations of such claim, provided that no settlement that affects the rights or obligations of the Indemnified Parties shall be made without our prior written approval. The Indemnified Parties reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

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Limitation of Liability

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To the fullest extent permitted by applicable law, EnLiSense CCM and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, but is not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, as well as costs of procurement of substitute goods or services, arising out of or related to the use, inability to use, unauthorized use, performance, or non-performance of our Services. This limitation applies whether the alleged liability is based on warranty, contract, tort, or any other legal theory, and even if EnLiSense CCM has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy provided herein.

 

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User Responsibilities

 

General Conduct on Platform

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By using the services provided by EnLiSense CCM, you agree to act responsibly, exercise good judgment, and comply with all applicable local, state, and federal laws and regulations.

If you experience any adverse effects or complications while using our products or services, you agree to discontinue use immediately and consult a healthcare provider. You also agree to report such incidents to us so that we may take appropriate measures to enhance the safety of our Services.

 

You are strictly prohibited from using our services for illegal activities, including but not limited to:

• Fraudulent schemes or scams

• Harassment or threats to other users

• Distribution of viruses or malware

• Unauthorized access to other computer systems

• Any form of automated scraping or data extraction

 

If our platform allows for user-generated content, you agree not to post content that:

• Is defamatory, obscene, or discriminatory

• Violates any intellectual property rights

• Contains any form of advertising or solicitation

 

Compliance with Medical Guidelines

 

You acknowledge that the information provided through our Services is not a substitute for professional medical advice, diagnosis, or treatment. You agree to consult with qualified healthcare providers for personalized medical advice before making any decisions based on the information or products provided by our Services.

 

You agree not to use the information or products provided through our Services to diagnose, treat, cure, or prevent any health condition without consulting a qualified healthcare provider.

 

You acknowledge that failure to comply with these medical guidelines may result in harm for which we cannot be held liable. You assume all responsibility for the proper use and interpretation of the information or products provided through our Services.

 

Account Information and Security

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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.

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You are responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

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Failure to comply with these User Responsibilities may result in the immediate termination of your account and access to our services, without notice, in addition to any other remedies available to us.

 

Subscription Terms, Pricing, and Billing Cycle

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EnLiSense CCM offers various subscription plans for our Services ("Subscription Plans"). The price for each Subscription Plan is clearly stated on our website and is exclusive of any applicable sales tax, which will be calculated at the time of purchase based on your location. Payment for the Subscription Plan is required upfront and can be made via credit/debit card, digital wallets, or other accepted payment methods offered on the website. Your subscription will be activated upon successful processing of the payment.

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Your billing cycle starts on the day you purchase the Subscription Plan and will renew automatically at the end of the period you selected, unless you cancel the subscription. For example, a three-month plan purchased on January 15, 2024, would automatically renew on April 15, 2024. You will continue to receive the product for the duration of the paid period even if you cancel the subscription prior to the renewal date.

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We may offer free trials for a limited period. You are required to provide payment details to start the free trial. At the end of the free trial, your subscription will automatically renew at the stated price unless you cancel before the trial period ends.

 

Cancellation, Refund, and Replacement Policy

 

Cancellations and Refunds

 

To cancel your subscription, you must contact us either via our website or by emailing us at pr@enlisense.com.

 

We reserve the right to cancel any subscription or plan at any time for any reason. In such cases, we will provide a prorated refund for the remaining period of your subscription. We also reserve the right to cancel any subscription renewal or adjust the pricing for future plans up or down, based on our sole discretion.

 

While refunds for canceled subscriptions are not typically provided, we may consider issuing a prorated refund in extraordinary situations, based on the unused portion of your subscription.

 

Hardware Replacements

 

If you receive hardware from EnLiSense CCM that is not functioning properly, we are committed to replacing the defective item for you.

 

To initiate a hardware replacement, please contact us via our website or by emailing pr@enlisense.com.

Upon verification of the defect, we will provide you with instructions for returning the faulty hardware and will send out a replacement as soon as possible.

 

This replacement policy applies only to hardware that has been used in accordance with our user guidelines and does not cover damage caused by misuse, accidents, or unauthorized modifications.

 

Force Majeure

EnLiSense CCM shall not be held liable for any failure or delay in fulfilling its obligations under these Terms and Conditions due to unforeseen events beyond its reasonable control. Such events may include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

 

In the event of a Force Majeure, EnLiSense CCM will make reasonable efforts to notify affected users and provide updates on the resumption of services.

 

 

Software Updates & Data Security

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Software Updates

 

EnLiSense is committed to providing you with the most up-to-date and functional software possible. As part of this commitment, we may from time to time issue software updates for our Services. These updates may include bug fixes, feature enhancements, or improvements in security protocols.

 

By using our Services, you agree to receive automatic software updates. These updates are designed to improve, enhance, and further develop our Services and may take the form of bug fixes, enhanced functions, new software modules, or completely new versions.

 

It is your responsibility to install any updates promptly. Failure to update your software may result in decreased functionality, lack of support, or exposure to security vulnerabilities.

 

Data Security

We take the security of your data very seriously and employ a range of measures to protect your personal information.

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All data transmitted between you and our Services is encrypted using industry-standard encryption. Your data is stored in secure facilities with restricted access. We employ a variety of security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information.

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We do not sell, trade, or otherwise transfer your personally identifiable information to third parties.

 

Third-Party Interactions and Services

 

EnLiSense may integrate with or provide links to third-party websites, services, or applications ("Third-Party Services") for your convenience. We do not control these Third-Party Services and are not responsible for their content, functionality, or any other aspect.

 

Your interactions with these Third-Party Services are solely between you and the respective third party. You are responsible for reading and understanding the terms and conditions and privacy policies that apply to these Third-Party Services before engaging with them.

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Some Third-Party Services may require access to your data to function properly. By using such services, you consent to share your data for the purposes outlined in the respective third party's terms and conditions and privacy policy.

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The inclusion of any Third-Party Services does not imply an endorsement or recommendation by EnLiSense. We are not liable for any damages or losses incurred in connection with your use of or reliance on such services.

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While we strive to only integrate with reputable Third-Party Services, we cannot guarantee their security measures. We are not responsible for any data breaches or other security incidents that may occur on these third-party platforms.

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You agree to indemnify and hold harmless EnLiSense from any claims, losses, damages, or expenses, including legal fees, arising out of your use or misuse of any Third-Party Services, your interactions with any third parties, or your violation of any terms of such services.

 

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Dispute Resolution

 

Any dispute, claim, or controversy arising out of or relating to your use of EnLiSense CCM's Services shall be resolved through mandatory binding arbitration, rather than in court. The arbitration shall be conducted in Plano, Texas, or a mutually agreed upon location in Texas, in accordance with the rules of the American Arbitration Association (AAA).

 

You agree to resolve disputes with EnLiSense CCM on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

 

You agree that any claim you may have arising out of or related to your use of EnLiSense CCM's Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

These Terms and Conditions and any dispute arising out of or related to it or EnLiSense CCM's Services shall be governed in all respects by the laws of the State of Texas, USA, without regard to conflict of law provisions.

 

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Termination Rights and Severability

 

EnLiSense CCM reserves the unilateral right to terminate or suspend your account and access to our Services for any reason or no reason, at our sole discretion. Reasons for termination may include, but are not limited to:

 

• Violation of these Terms and Conditions or any other policies or guidelines set forth by EnLiSense CCM.

• Conduct that is harmful to us, other users, or third parties, or the operation of our Services.

• Failure to maintain accurate account information.

• Inactivity for an extended period.

 

While we reserve the right to terminate without notice, we may, at our discretion, provide a warning or partial suspension prior to full account termination.

 

You have the right to terminate your account and discontinue using our Services at any time. To do so, you must contact us either via our website or by emailing pr@enlisense.com.

 

EnLiSense CCM shall not be liable for any damages, losses, or expenses of any kind resulting from the termination of your account, and we are not obligated to refund any fees paid to us.

 

Upon termination, you will lose all access to our Services, and we may delete any content or data associated with your account. We are not obligated to provide a copy of this data to you. Any terms or conditions that by their nature should survive termination, including but not limited to indemnification, limitations on liability, and dispute resolution, shall continue in effect after termination.

 

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and Conditions and the remaining provisions shall remain in full force and effect.

 

Intellectual Property Rights and Restrictions

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Ownership of Intellectual Property

 

All Services, devices, sensors, data generated by the devices, derivatives of that data, software, algorithms, trademarks, logos, and any other intellectual property related to EnLiSense CCM, collectively referred to as "Company IP," are the exclusive property of EnLiSense. EnLiSense owns all rights, title, and interest in and to the Company IP, including all associated intellectual property rights.

 

Prohibited Uses

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Any use of the Company IP for purposes other than those explicitly stated in these Terms and Conditions constitutes a breach of these terms and is strictly prohibited. Such unauthorized uses include, but are not limited to:

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• Commercial Resale: Reselling devices, data, or any other Company IP for commercial gain.

• Modification or Adaptation: Altering, modifying, or creating derivative works based on devices, software, or any other Company IP.

• Unauthorized Copying: Copying or distributing any Company IP without express written permission from EnLiSense.

• Data Harvesting: Using automated systems or software to extract data from our website, devices, or services for commercial purposes ("scraping").

• Illegal Activity: Using devices, data, or services for any illegal or unauthorized purpose, including but not limited to fraud, harassment, or other criminal activities.

• Unauthorized Access: Attempting to gain unauthorized access to our systems or another user's account.

• Network Disruption: Interfering with the operation of our services, including attempting to overload our system.

• Impersonation: Using Company IP to impersonate another person or entity.

• License Violation: Using Company IP in a manner that violates the license under which it was issued.

• Export Violation: Exporting or re-exporting Company IP to countries or entities prohibited under United States export laws.

 

Reverse Engineering Prohibition

 

You are expressly and unequivocally prohibited from reverse engineering, decompiling, disassembling, decrypting, or otherwise attempting to discover the source code, object code, underlying algorithms, or proprietary data within or related to any Company IP ("Reverse Engineering").

 

Any form of tampering with the software, hardware, or data, including but not limited to unauthorized modifications, hacking, or altering the functionality, is strictly prohibited.

 

You are also prohibited from circumventing, disabling, or otherwise interfering with security-related features of the Company IP, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Company IP.

 

Reverse Engineering or tampering constitutes a direct violation of EnLiSense's intellectual property rights and will be pursued to the fullest extent permitted by law.

 

Engaging in Reverse Engineering or tampering may subject you to severe civil and criminal penalties, including but not limited to monetary damages, legal fees, and injunctive relief. You agree to indemnify and hold harmless EnLiSense from any damages, losses, or expenses incurred as a result of your unauthorized actions.

 

Liability for Unauthorized Use

 

Any unauthorized use of Company IP is a material breach of these Terms and Conditions and may subject you to immediate termination of your account, legal action for damages, and/or criminal prosecution. You agree to indemnify and hold harmless EnLiSense for any damages, losses, or expenses incurred as a result of your unauthorized use of Company IP.  EnLiSense reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access to our Services and devices, and to seek injunctive relief and/or damages.

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Linking to Our Website

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The following organizations may link to our Website without prior written approval:

• Government agencies

• Search engines

• News organizations

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses.

• System-wide Accredited Businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups, which may not hyperlink to our Website.

 

These organizations may link to our home page, publications, or other Website information provided that the link:

• Is not in any way deceptive

• Does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services

• Fits within the context of the linking party's site

 

We may consider and approve link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources

• Dot.com community sites

• Associations or other groups representing charities

• Online directory distributors

• Internet portals

• Accounting, law, and consulting firms

• Educational institutions and trade associations

 

If you fall under the organizations requiring approval, you must inform us by sending an email to EnLiSense CCM. Include your name, organization name, contact information, the URL of your site, and a list of any URLs from which you intend to link to our Website. Wait 2-3 weeks for a response.

 

Forward Looking Statements

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Our press releases contains “forward-looking statements”, which statements are subject to substantial risks and uncertainties and are based on estimates and assumptions. All statements, other than statements of historical facts included in this press release, including statements regarding the development our IBD AWARE platform, the potential benefits of the IBD AWARE platform, and the use of proceeds of the IBD Ventures program funding. In some cases, you can identify forward-looking statements by terms such as “may,” “might,” “will,” “objective,” “intend,” “should,” “could,” “can,” “would,” “expect,” “believe,” “design,” “estimate,” “predict,” “potential,” “plan” or the negative of these terms, and similar expressions intended to identify forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors that could cause the Company’s actual results to differ materially from the forward-looking statements expressed or implied in this press release, our ability to develop and commercialize our products, the performance of third parties in connection with the commercialization and development of our products, regulatory developments in the United States and foreign countries, our ability to obtain and maintain regulatory approval or clearance of our products on expected timelines or at all, our ability to improve and enhance our products, our plans to research, develop, and commercialize new products, the development, regulatory approval, efficacy, and commercialization of competing products. We claim the protection of the Safe Harbor contained in the Private Securities Litigation Reform Act of 1995 for forward-looking statements. We expressly disclaim any obligation to update or alter any statements whether as a result of new information, future events or otherwise, except as required by law.

 

Contact Information

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For any questions, concerns, or comments regarding these Terms and Conditions, or for any other inquiries related to EnLiSense's Services, please contact us through one of the following methods:

 

Website:  Contact forms available via Feedback section link on Member's screen

Email: pr@enlisense.com

Mailing Address:  535 Talbert Drive, Suite 205,  Plano, TX 75075