Software Terms of Service

These Terms of Service (“Terms”) are considered to constitute an agreement between a natural person using the Services (“User”, “you” or any similar wording) and Shen.AI. The Services mean the software application entitled Heart Monitor and/or any services provided by Shen.AI which are connected with using such application. Shen.AI means Shen.AI OÜ, Lõõtsa tn 8a, 11415 Tallinn, Estonia, and its legal successors.

Prior to using the Services, you should read these Terms and the Privacy Policy thoroughly. Please pay particular attention to the Disclaimers and Limitations of Liability sections of the Terms. If you purchase and install the Services or use them, it is deemed that you have accepted the Terms if you completed the registration process. If you do not accept the Terms, please do not install or use the Services.

License

As long as the User complies with the Terms, Shen.AI grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Services for private, non-commercial purposes only, using internal memory of mobile devices under the User’s possession, including on many devices simultaneously.

The use of Services shall be possible through an account hosted by Shen.AI, a platform provider (e.g., Apple App Store, Google Play Store), or another third party, as the case may be. The License does not convey any ownership of the Services to the User; all rights to the Services are retained by Shen.AI.

Ownership

All of the content and materials, including, among others, without limitation: software, information, data, logos, marks, designs, images, text, graphics, buttons, domain names, meta-tags, and the general ‘look and feel’, contained in or available through the Services, including content or materials which may be created in the future, such as updates, upgrades, or new versions thereof (“Content”), is and remains without any time limit the property of Shen.AI or its licensors if it is used under a license, as the case may be.

All trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners. The User is entitled only to limited use of such Content as expressly provided in certain stipulations of these Terms.

The User shall not attempt to break or bypass the Content’s security measures, decompile, reverse engineer, reproduce, decompose, create derivative works, remove copyright information, upload viruses, malware, or other harmful components, damage the Content, disrupt other Users’ comfort in making use of the Services, or violate any law provision using the Content.

User Content

Throughout the use of the Services, the User is enabled or otherwise required to post, upload, store, share, send, or display their personally identifiable information and other data (such as height, weight, age, gender, ethnicity, face image, etc.), e-mail, profiles, opinions, messages, notes, comments, and any other information and content (“User Content”) to and via the Services.

User Content is and remains the property of the User who created such Content. Shen.AI’s rights to use User Content are limited to such rights which are expressly granted in these Terms. Shen.AI is not responsible or liable for maintaining the User Content and shall not be liable for any loss or damage of such content, as well as any loss or damage caused by User Content to the User or third parties.

By submitting or making available any User Content through the Services, the User grants Shen.AI a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use such content to operate, maintain, improve, and develop the Services, including any future functionalities. This license includes the right to store, process, adapt, and use the content as reasonably necessary for these purposes.

The User may request the deletion of their data at any time. Such requests will be handled in accordance with the Privacy Policy and applicable data protection laws.

The User represents and warrants that they have the lawful right to use the User Content in connection with the Services, and that such use does not violate these Terms, infringe upon any rights of or cause injury to any third party, or violate any applicable laws.

Using Services

Shen.AI provides Services to Users on an as-is basis, depending on the availability of such Services, which can be beyond Shen.AI’s control (e.g., due to a technical error in server operations). Shen.AI shall not guarantee full and constant availability of Services or their stability.

Users may report any defects, inaccuracies, or concerns regarding the Services via email at data@shen.ai. We will respond within 14 business days.

Shen.AI shall bear no liability for any interruptions in Service availability, potential errors, damage caused by using the Services, or the impossibility of using them, including loss of profit and damage to property.

Certain Services may require a stable and regular internet connection to ensure full functionality. Shen.AI shall bear no liability for any loss that the User may suffer due to an unstable internet connection, interruptions, or low data transfer.

In the event of using the Services through a mobile internet connection, data transfer fees and other charges collected by the User’s operator or roaming provider apply in accordance with the tariff applicable to the User. Downloading and using certain Shen.AI Services may be subject to restrictions or bans imposed by the User’s operator or provided for by applicable laws. Certain Shen.AI Services may not operate on mobile device types used by the User.

User Account

In order to access the Services, the User is required to create a personal account by providing accurate, true, current, and complete information as required during the registration process. If Shen.AI determines that such information is not true, current, or complete, the User’s access to Services may be terminated.

The Services are not intended for minors. The User must be at least eighteen (18) years old to use the Services. If Shen.AI determines that a User is under the age of eighteen (18), their use of the Services shall be terminated.

User accounts cannot be assigned, transferred, sold, or leased to any other person. In the case of unauthorized access to such an account due to the User’s negligence or violation of these Terms, the User shall be liable for any damage caused by such access. In case of such unauthorized access, the User shall immediately notify Shen.AI.

Shen.AI may suspend or delete the User’s account, as well as suspend or deprive the User of their ability to use Services, in case of violation of Terms, breach of law, or other applicable stipulations.

Payments and Ads

Any of the Services may be or may become subject to payment of fees. If any fees are charged for any part of the Services, these will be notified separately and explicitly to the User. If such payments are subject to other terms, the User shall be explicitly informed thereof.

The Services may also prompt or contain third-party advertisements. All such advertising is paid for by the relevant third-party advertiser and is not a recommendation or endorsement by

Shen.AI or any related entity. The User should refer to the relevant advertiser for information on its products and/or services. Shen.AI has no responsibility or liability for such third-party advertisements. Any use of and reliance on such information provided in advertisements is at the User’s own risk.

Privacy and Processing of Personal Data

Some aspects of using Services may involve the processing of your personal data. Such processing is covered in our Privacy Policy, which is incorporated into these Terms and is a part thereof. By using the Services, the User expresses their consent to the processing of their personal data provided to Shen.AI.

The User has the right to access, rectify, delete, or restrict the processing of their personal data and may exercise these rights by contacting data@shen.ai, and can withdraw their consent for data processing via the application menu.

Disclaimers

The Services are not intended for medical purposes. The Services do not offer any kind of medical advice and are not intended for any medical use. The Services are intended for general wellness only and provide the User with estimated measurements and no medical advice whatsoever.

The estimative measurements (“Measurements”) provided to the User of physiological and psychological states, including heart rate, stress, and blood pressure, should not be treated as medical advice. The measurements provided by Shen.AI are not intended to diagnose, treat, cure, or prevent any disease, ailment, or injury.

To the maximum extent permitted by law, the User expressly agrees that Shen.AI is not providing any medical advice via the Services. All content, including Measurements and any other outcome of using the Services, is intended only for general wellness purposes and should not replace advice from a physician or other medical professional.

Use of the Services does not create a doctor-patient, therapist-patient, or other healthcare professional relationship between Shen.AI and the User.

While Shen.AI makes efforts to provide accurate measurements, Shen.AI makes no warranty and disclaims all responsibility and liability for any inaccuracy, unreliability, unavailability, security issues, or incorrect use of Measurements, content, or any other information, results, or outcomes received through the Services.

Limitations of Liability

The User waives and shall not assert any claims against Shen.AI, its affiliates or subsidiaries, their suppliers, successors, officers, directors, agents, or employees arising out of or in any way relating to the use of the Services or any third-party apps.

Shen.AI shall not be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, including loss of use, profit, or data.

The User will indemnify and hold harmless Shen.AI and any released parties from claims, lawsuits, demands, disputes, or investigations brought by third parties arising out of the User’s use or misuse of the Services or content created using User-provided data.

Termination

Shen.AI may terminate this agreement immediately in case of violation of the Terms by the User. Upon termination, Shen.AI may delete any data, including measurements or other outcomes, as well as User Content.

The User may terminate the agreement by uninstalling the Services from their device or ceasing to use the Services and notifying Shen.AI. All provisions regarding disclaimers, waivers, warranties, limitations of liability, remedies, and ownership shall survive termination.

Amendments

Shen.AI may amend or modify this agreement from time to time. Users will be notified of amendments explicitly via the Services. Failure to object within one month after notification constitutes acceptance of the amended Terms.

Third-Party Content

The application includes the Surrey Face Model developed by the Centre for Vision, Speech and Signal Processing at the University of Surrey, as described in Huber et al., 2016. It is provided under license by the University of Surrey, United Kingdom.

Final Provisions

These Terms and all relations between the User and Shen.AI connected with the Terms shall be governed by the laws of Estonia unless applicable laws require otherwise.

In case of disputes, parties shall submit to a common court having jurisdiction over Shen.AI’s business seat unless laws require a different forum.

If any provision is invalid or unenforceable, the remaining provisions shall remain in full force. This agreement is the entire agreement between the parties and replaces any prior agreements.