LS Devices Private Limited (hereinafter referred to as “we”, “us”, or “Company”) is engaged in the business of retailing contact-free health monitoring device under the brand ‘LifeSigns’ which provides basic insights on. heartbeat, heart rate variability, respiration, and sleeping patterns (“BasicFunctionalities”). The user data, findings, reports, and dashboard services pertaining to each such Basic Functionality together with other value added services are available on a dashboard.
This User Terms is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. These User Terms are:
published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and
generated by a computer system and does not require any physical, electronic, or digital signatures by the Company
Key Definitions – Unless the context otherwise requires:
“Device” shall mean the health tracking device and all the accessories to the device, retailed and distributed by the Company under the brand ‘LifeSigns’;
“Platform” shall mean the LifeSigns website and all associated firmware, applications, software, websites, APIs, products, and services that are connected to the Platform;
“Platform services” shall mean all services provided by the Company on any Platform including providing data received from the devices, reports, information, market place offerings, blogs, videos);
“Services” shall mean the Device, the Platform, and the Platform Services owned, developed, distributed, or offered by the Company to the User.
You acknowledge that the Platform allows you to avail the following services including:
limited, non – exclusive, non – transferable, royalty free licence to use the Platform for the purposes of registering on the Platform, accessing the content and availing the services through the Platform;
Periodic notifications and transaction updates and summaries on SMS, email and WhatsApp (on request);
The Company may, at its discretion, add, modify, or remove any of the services listed above from time to time.
The Company does not:
adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Services; and
discriminate between Users of the same class or make any arbitrary classification of the Users.
Eligibility for Use
Use of the services by minors under the age of 18 (eighteen) years must only be with the prior approval and under the supervision of a parent or a legal guardian.
A user account, along with all associated accounts used by minors, if any, may be terminated by the company at any time and without warning for any failure to abide by any of these user terms.
You may only avail of the Platform Services using the Device; and the Application or approved third-party applications, software, or devices; or the LifeSigns Website (collectively, “Authorized Connections”).
You may not connect to the Platform Services with any device that is not manufactured, distributed, or sold by the Company itself or through its authorized resellers or agents or approved market place websites. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please email us at firstname.lastname@example.org .
For using the Services, you are first required to purchase the Device that is manufactured, distributed, or sold by the Company on the LifeSigns Website or through its approved marketplaces, authorized resellers or agents.
For using the Services, you are required to create an account on the Platform by providing details which shall include, inter alia, full name, gender, date of birth, height, weight, phone number and email address or logging in through your Google account or Facebook account. In certain instances where the Services are accessed through third party accounts (including but not limited to Google, Facebook), mobile applications, and/ or computer programs, you may be required to sign in using the sign in credentials and information of such third party accounts, mobile applications and/ or computer programs.
You agree and confirm that you shall
provide accurate, truthful, current and complete information while logging in to, or using your account. If there is any change in the account information, you shall promptly update your account information on the Platform and
in all your dealings through the Platform:
maintain and promptly update your account information;
maintain the security of your account by not sharing your password with others and restricting access to your account and your device;
promptly notify the Company if you discover or otherwise suspect any security breaches relating to your account or the Platform; and
take responsibility for all activities that occur under your account and accept all risk of unauthorized access to the same.
The Company reserves the right to but shall not be obliged to confirm and validate the information and other details provided by you in the course of your use of the Services. If upon such confirmation, any detail furnished by you is found or is reasonably believed, to be inaccurate, false, misleading or fraudulent, the Company shall, in its sole discretion, have the right to debar you from using the Services without any intimation to you. The Company assumes no responsibility and shall not be liable for, any such act on its part.
Hereby acknowledge and agree that the deletion of the Platform from your device does not constitute termination of your account and agree to undertake the process detailed herein in order to complete the de-registration of your Account. If you seek to have your name and other details or data removed from our records, you shall send a written request to that effect, upon the receipt of which, we shall remove and/delete all such information.
Submission of Information
The Company authorizes you to access the Platform solely for the purpose of using the Platform Services and you expressly agree and acknowledge that you shall not use it for any other purpose.
By clicking the I agree option, you hereby authorize the Company to
use information related to you, which is submitted by you, to contact you;
maintain a record of your queries, visit of the Platform, and/or feedback, and
You shall not post any content or information which is false, deceptive, misleading, deceitful and/or is in breach of these User Terms or any of the policies of the Company.
By using any of the Services you agree and acknowledge that all the calls made to the Company, for any reason or purpose whatsoever, may be recorded by the Company for quality and training purposes.
belongs to another person and to which you do not have any right;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racial, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harms minors in any way;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates or defames another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
You will not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Platform;
transmitting any information on or through the Platform that is disruptive to the provision of the Services provided by the Company;
intentionally submitting on the Platform any incomplete, false or inaccurate information;
making any unsolicited communications to other users of the Platform;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
copying or duplicating in any manner any of the information available on the Platform;
framing or hotlinking or deep linking any contents from the Platform;
accessing or tampering with the non-public areas of the Platform and the Company’s computer systems, or the technical delivery systems of its providers;
testing the vulnerability of the Platform or breaching any security or authentication measures implemented by the Company; and
accessing the Services through the use of any mechanism other than through the use of an Authorized Connection.
The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 7.2 and/or clause 7.3 above, shall be entitled to disable such information that is in contravention of clause 7.2 and/or clause 7.3 and the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
Responsibilities of the Company
While the Company endeavours to provide Services on par with industry standards and technology support at all times, the Company assumes no responsibility, and shall not be liable for, any damages caused by viruses, trojans or any other form of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Platform and which may have an adverse impact on your experience of browsing the Platform. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by all kinds of malicious software.
The Company regularly undertakes feedback of the users relating to the use of the Platform and Services and the Company endeavours to improve the Platform and Services based on such feedback at regular intervals. However, the Company does not assure that feedback of all users will be accommodated while performing changes to the Platform and the Services.
The Company shall be responsible to retrieve your information or data if such information or data is lost from the Platform due to reasons solely attributable to the Company. However, the Company shall not be responsible in any manner for any direct, indirect, special or consequential damages, caused/arising out of any loss of your information or data provided to the Company due to:
reasons attributable to third party service providers which are providing Platform related services to the Company.
In the event you are facing any issues relating to the Services, you should reach out to the technical support team of the Company using in platform support tool or by sending an email at email@example.com
Representation and Warranties
The Company does not provide any other representations and warranties (whether express or implied) with respect to the Services (including without limitation, any implied warranties of merchantability, or fitness for a particular purpose, or non-infringement). The Company does not warrant that the Services, including any data, information, reports, and documents provided to you are free of errors or defects, or that the aforementioned will be corrected subsequently. The Company disclaims any and all liability for any damage, injury, death or disablement suffered by you, in connection with or related to your use of any services.
The contents of the Platform are for general information and reference purposes only and are not intended to be considered as a substitute for professional medical advice or as medical data. Due to the vagaries that can occur in the electronic distribution of information, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in the functionality of any or all of the Services. While the Company endeavours to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability thereof for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
LifeSigns uses machine learning algorithms to process the raw sensor data. While the algorithm is clinically validated and developed using data for a large base of patients; however, by the very nature of machine learning it may happen that the algorithm may need retraining for a specific borderline case.
The Company periodically conducts scheduled maintenance and upgradation exercises for the Platform and the Platform Services which may impact the performance of the Platform and some functions and features may not be fully operational during those periods. Such maintenance and upgradation exercises will be conducted by issuing a prior notification, sent to you via e-mail.
While every effort is made by the Company to keep the Platform up and running smoothly, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.
You acknowledge and agree that at no time are we making any representation or warranty regarding any goods, services, or content provided by a Third Party Provider nor will we be liable to you or any such Third Party Provider for any consequences or claims arising from or in connection with the goods provided by such Third Party Provider. You hereby disclaim and waive any rights and claims you may have against us with respect to goods or services or content of a Third Party Provider.
You understand and agree that the use of the Services requires electricity, internet connectivity and telecommunication links without which the Services will not be accessible. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. We will not be liable for any issues in the Services that arise directly or indirectly due to a faulty connection or lack of electricity, internet connectivity, and/or telecommunication links.
You understand, agree and acknowledge that:
the sole purpose of the Services is to enable the User to observe, monitor, and analyze sleeping patterns, cardio-vascular and respiratory health when used in accordance with the user instructions. Any information or data provided to you pursuant to use of the Services is solely to enable the making of informed decisions about sleep patterns, cardio-vascular and respiratory health, but should not, under any circumstances, be treated or relied upon as medical services or medical advice or be used to prescribe or administer medication;
LifeSigns works on the principle of capturing micro vibrations happening in the body of the patients and processes that data for extracting bio markers. Therefore, the performance of the system will be affected adversely in case of any external source of vibrations and unusually high movement of the patient at a specific given time.
the efficacy of the Services are dependent on the proper usage of the Device and the Company shall not be responsible for inaccurate, incomplete, or misleading data arising out of the usage of Services if the Device has been misused, incorrectly used, or not used in accordance with the user instructions;
the feature ‘caretaker’ in the Application is a value added service and the efficacy of it is dependent on the care taken by a caretaker to monitor the data of a User. If a User uses the caretaker feature, he/she consents to disclosure and dissemination of all data of the User arising from the Services to such caretaker;
the Services are not intended to diagnose, treat, cure, or prevent any disease or disability;
no advice or recommendation provided by the Company or its representatives (through any medium whatsoever) should be treated or relied upon as medical advice. Please note that any and all information, data, reports, generated by the Company pursuant to use of the Services is not verified by certified medical practitioners and should not be treated or relied upon as medical advice or a medical report or medical data. The accuracy of the data collected and presented through the you use of the Services is not intended to match that of medical devices or scientific measurement devices;
any data, information and other content (including blogs, videos, infomercials) related to cardio-vascular health, respiratory health, sleep patterns, sleep apnea, heart rate variability and such other content are for reference only and should not be treated as medical information or medical data;
you should refrain from undertaking any courses or exercises available on the Platform if you have any prevailing medical conditions which may get aggravated by you undertaking any such courses or exercises;
the Company strongly recommends that a certified medical practitioner be contacted in case any medical assistance or intervention is required (including but not limited to medical tests and examinations);
the Company disclaims any and all liability for any damage, injury, death or disablement suffered by you, in connection with or related to your use of the Services;
The Company will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of the information or content available on the Platform. All information provided on the Platform is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability and fitness for any particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).
Intellectual Property Rights
The Company is the sole owner of all intellectual property rights in the Device and the Platform, and any intellectual property rights pertaining to the Device and the Platform, (excluding the materials and contents published or uploaded by the users of the Platform), are owned by and/or licensed to the Company. Copying, storing, distributing, transmitting or otherwise modifying any content on the Platform other than for your personal use is prohibited and shall amount to an infringement of the intellectual property rights of the Company or the respective licensor(s) under applicable laws. If you print, copy or download any part of the Platform in breach of the User Terms, your right to use the Services will cease immediately and you must return or destroy any copies of the materials you have made.