Terms of Service
Last Revised: [October 17th, 2025]
These Terms of Service (“Terms”) apply to your access to and use of SolidHealth.ai and any websites, mobile applications and other online products and services (collectively, the “Services”) provided by DataSense Inc. (“DataSense”) or “we” or “us”). “You” or “User” means any individual or entity who accesses or uses the Services. If you use the Services on behalf of another person or entity, (a) all references to “you” or “User” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 14, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 14.
By accessing or using the Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms in their entirety, do not use the Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Services.
If you have any questions about these Terms or the Services, please contact us at [support@solidhealth.ai ].
[1] Privacy
For information about how we collect, use, share or otherwise process information about you, including User Data (as defined below), please see our Privacy Policy available at [https://solidhealth.ai/privacy ].
[2] Services – No Medical Care or Advice by DataSense
“Provider” means a hospital, clinic, healthcare facility, treatment center or any individual professional (including physicians, nurses, mid-level practitioners, counselors or support staff) involved in the care, treatment or support of any User, including any patient with medical, behavioral or mental health, or other health or wellness related conditions. Each Provider is independent of DataSense. DataSense has no oversight over or authority of any Provider. Any information or advice received from a Provider comes from the Provider alone, and not from DataSense. Neither DataSense, nor any of its subsidiaries or affiliates, or any third party who may promote the Services or provide a link or reference to the Services, shall be liable for any services received or professional advice obtained from a Provider in connection with any User’s use of the Services, nor any information obtained on or through the Services.
Each User should contact their chosen Provider directly with any questions regarding care or treatment. DataSense does not recommend or endorse any specific Provider, tests, medications, products, or procedures. Reliance on any Provider is at the sole risk of the User, who assumes full responsibility for all risks associated with such reliance. DataSense makes no representations or warranties about the training or skill of any Provider or about the quality or effectiveness of any healthcare or wellness services rendered by any Provider.
The information available on the Services, including text, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by DataSense. Users should always seek the advice of qualified health care professionals with any questions or concerns regarding individual needs and medical conditions. All information provided by DataSense, or in connection with any communications supported by DataSense, is intended for general information purposes only and is in no way intended to create a provider-patient relationship as defined by state or federal law.
Not for Emergencies
IF YOU ARE A USER EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD DIAL “911” IMMEDIATELY. The Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Services. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting or modifying any treatment or modification.
AI Assisted Information
The Services may incorporate summaries, assessments or other information generated in whole or in part by artificial intelligence technologies (“AI Assisted Information”). DataSense makes no representation or warranty, express or implied, as to the accuracy, completeness, reliability or applicability of any AI Assisted Information, and expressly disclaims any and all liability arising from its use. You acknowledge and agree that (a) AI Assisted Information is provided solely to facilitate the Services and (b) AI Assisted Information is not a substitute for personalized patient assessment, diagnosis or treatment by a Provider.
[3] Eligibility
You must be at least 18 years of age to use the Services. If you are under 18 years of age (or the age of legal majority where you live), you may not use the Services.
DataSense operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Services is limited exclusively to Users located in States within the United States where the Services are available. The Services are not available to, and should not be accessed from, any User located outside the United States.
[4] User Accounts and Account Security
You may need to register for an account to access some or all of the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such Users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
[5] User Data
Definition and Ownership
The Services may allow Users to submit, upload, post or transmit certain personal information, including health information, medical history, conditions, problems, symptoms, consents, comments, suggestions, files, videos, images or other materials (collectively, “User Data”). Except for the licenses granted below, each User retains all rights in their User Data, respectively, as between such User and us.
License - Each User hereby grants us and our subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license**** to use, reproduce, modify, adapt, translate, create derivative works from, distribute and otherwise exploit**** User Data, as applicable, including to (a) use, share or otherwise process such User Data in accordance with our Privacy Policy, (b) provide the Services, (c) create de-identified or anonymized data sets that do not directly or indirectly identify the User or any individual (“Aggregate Data”), (d) develop and improve our technologies and offerings, and (e) offer and provide to third parties our technologies and offerings. As between the parties, we solely own all right, title and interest in and to any Aggregate Data and any data, information and material created by us with such Aggregate Data. Aggregate Data may be made publicly available and may be used for any legal purpose, so long as the Aggregate Data does not directly or indirectly identify the User.
Your Obligations - You may not create, post, store or share any User Data that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Data, and our use of User Data as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
Waiver of Responsibility and Liability
We take no responsibility and assume no liability for any User Data posted, stored, uploaded, accessed or downloaded by you or any third party, or for any loss or damage thereto, incomplete or inaccurate User Data, or for any user conduct, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Data or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. As a provider of interactive services, we are not liable for any statements, representations or User Data provided by our users in any public forum or other area. Although we have no obligation to screen, edit or monitor any User Data, we reserve the right, and have absolute discretion, to remove, screen or edit any User Data posted or stored on the Services at any time and for any reason without notice.
[6] Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Services. In addition, you will not:
You may also post or otherwise share only User Data that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Data that:
Enforcement of this Section 6 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
[7] Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate this license and violate our intellectual property rights.
[8] Trademarks
“Ask KNOAH”, “AshvinDuo”, “HealthVectors” and our logos, our product or service names, our slogans and the look and feel of the Services are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
[9] Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or the Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential.
[10] Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
[11] Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “DataSense Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Data or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to cooperate with DataSense Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the DataSense Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other DataSense Parties.
[12] Disclaimers
Your use of the Services is at your sole risk. Except as otherwise provided in a writing by us, the Services and any content therein are provided ”as is” and ”as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that the Services are accurate, complete, reliable, current or error-free. While we attempt to make your use of the Services and any content therein safe, we cannot and do not represent or warrant that the Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
[13] Limitation of Liability
To the fullest extent permitted by applicable law, we and the other DataSense Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if we or the other DataSense Parties have been advised of the possibility of such damages.
The total liability of us and the other DataSense Parties for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, is limited to the amount paid by you to use the Services.
The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of us or the other DataSense Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
[14] Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and DataSense agree that any dispute arising out of or related to these Terms or the Services is personal to you and DataSense and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or DataSense seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or DataSense seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and DataSense waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, for any dispute or claim that you have against us or relating in any way to the Services, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at [legal@solidhealth.ai] or by certified mail addressed to PO Box 34, Pleasanton, CA 94566. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and DataSense cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New Castle County, Delaware or may be conducted telephonically or via video conference for disputes alleging damages less than $100, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and DataSense agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, DataSense, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and DataSense agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by DataSense, we will pay all JAMS fees and costs. You and DataSense agree that the state or federal courts of the State of Delaware and the United States sitting in New Castle County, Delaware have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and DataSense will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by sending an email to [legal@solidhealth.ai]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.
If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.
[15] Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New Castle County, Delaware.
[16] Modifying and Terminating the Services
We reserve the right to modify the Services or to suspend or stop providing all or portions of the Services at any time. You also have the right to stop using the Services at any time. We are not responsible for any loss or harm related to your inability to access or use the Services.
[17] Electronic Communications
When you use the Services, or send e-mails, messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. DataSense or a Provider may contact you by telephone, mail or email to verify your information. DataSense or a Provider may request further information from you in connection with your use of the Services and you agree to promptly provide such further information. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue or deny your access to and use of the Services until you provide the information to us as requested.
[18] Consent to Receive Calls and Text Messages
By providing your phone number, you are agreeing to be contacted by or on behalf of DataSense at the phone number you have provided, including calls and text messages made by an autodialer or pre-recorded/artificial voice, containing promotional messages and other information relating to the Services. Message and data rates may apply. Frequency may vary. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the particular Service that most recently sent you a message or respond to your STOP message by texting you a request to identify certain Services you wish to stop. Please note, that by withdrawing your consent, certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important or helpful information about the Services.
You consent to receive communications from us as set forth in this Section 18.
[19] Contact Us
If you have any inquiries regarding the Services, including technical support, you may contact us as follows:
Mailing Address:
DataSense Inc. PO Box 34 Pleasanton, CA 94566
Email: support@solidhealth.ai
Phone: [+1 (803) 881-4584]
Our Services may include the ability to download, install, and use our mobile application (an “App”). This Section 20 applies to all Apps included in the Services.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to download, install, and use the App for your personal, non-commercial use on a single device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation and these Terms. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time or by third parties. You may not transfer, redistribute or sublicense the App and, if you sell your Mobile Device to a third party, you must remove the App from the Mobile Device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. We may use this information to improve and innovate our products and services and to provide them to you and others.
We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates. The App may not properly operate if you fail to do so. All Updates are part of the App and are subject to these Terms.
The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used 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. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
The App may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You must not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You must comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, re-exporting, releasing, or otherwise making the App available outside the U.S.
iOS Terms
The following terms apply to any App that you download, install, access or use on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).
Acknowledgment. You acknowledge that these Terms are concluded solely between us, and not with Apple, and that DataSense, not Apple, is solely responsible for the iOS App and the content thereof. In the event of any conflict between these Terms and the Apple Media Services Terms and Conditions as of the date you downloaded the iOS App, the Apple Media Services Terms and Conditions govern. You acknowledge and agree that you have had the opportunity to review the Apple Media Services Terms and Conditions, which can be found at https://www.apple.com/uk/legal/internet-services/itunes/ww/.
Scope of License. The license granted to you for the iOS App is limited to a non-transferable license to use the iOS App on any Apple-branded devices that you own or control and as permitted by the Usage Rules set forth and defined in the Apple Media Services Terms and Conditions, except that the iOS App may be accessed and used by other accounts associated with the purchaser via Apple’s family sharing functionality or volume purchasing.
Maintenance and Support. You and DataSense acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of DataSense. However, you understand and agree that in accordance with these Terms, DataSense has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
Product Claims. You and DataSense acknowledge that as between Apple and DataSense, DataSense, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS App’s use of the HealthKit and HomeKit frameworks (if any).
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, DataSense, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to support@solidhealth.ai[AY1] .
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using our Services.
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Android Terms
The following terms apply to any App that you download, install, access or use on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
You acknowledge that these Terms are between you and DataSense only, and not with Google.
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service, located at https://play.google.com/intl/en-US_us/about/play-terms/index.html.
Google is only a provider of the Google Play platform where you obtained the Android App (“Google Play”). We, and not Google, are solely responsible for the Android App and our Services and User Content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
[21] Miscellaneous
These Terms constitute the entire agreement between you and us relating to your access to and use of the Services. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Notwithstanding any other provisions of these Terms, Sections 1, 2, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and this 20 survive any expiration or termination of these terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent.