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Terms & Conditions

Effective Date: August 1, 2024

Welcome to SiriuXense, Inc. (“SiriuXense,” “we,” or “our”) and our family of products and services, including UniWhale. These Terms & Conditions (“Terms”) govern your use of SiriuXense’s services, websites, products, and mobile applications, including:

  • UniWhaleCare.com, Uni-Whale.com, SiriuXense.com, and any other domains we manage.

  • Our mobile and desktop applications (the “Apps”).

  • Application programming interfaces (APIs), software development kits (SDKs), and related products and services.

By accessing or using our services (collectively, the “Services”), you agree to these Terms. Please read carefully.

Key Notices and Disclaimers

  1. Not a Medical Device:
    UniWhale products and services are not intended for use as medical devices. They should not be used to diagnose, treat, cure, or prevent any disease or medical condition. For medical concerns, consult a licensed healthcare provider.

  2. Use Limitations:
    UniWhale services are designed for auxiliary purposes only. Due to factors like network connectivity, data stability, and technology limitations, detection features may fail or generate inaccurate results. Caregivers remain solely responsible for assessing and responding to health and safety conditions.

  3. Cloud Service & Updates:
    UniWhale uses cloud-based technologies to enhance detection accuracy through periodic updates. Functions may be interrupted or restricted during updates or due to service limitations. Users should regularly check device functionality and independently verify critical information.

1. Agreement to Terms

By using our Services, you affirm that you:

  • Have read, understood, and agree to these Terms.

  • Have the legal capacity and authority to bind yourself or the entity you represent to these Terms.

If you do not agree, you must stop using the Services immediately.

2. Modifications to Terms or Services

We reserve the right to modify these Terms or discontinue any part of the Services at any time without prior notice. By continuing to use our Services after modifications, you indicate your acceptance of the updated Terms.

3. Use of Services

3.1 Eligibility:

You may use our Services if you meet the minimum legal age to consent to data sharing under applicable laws. For instance:

  • You must be 13 years or older under most U.S. laws.

  • You must be 16 years or older under California and European Union laws.

  • Local regulations apply outside the U.S. and Europe.

3.2 Prohibited Activities:

You agree not to:

  • Reverse-engineer, modify, or attempt to derive the source code of our products.

  • Sell, transfer, sublicense, or rent our Services.

  • Circumvent technical limitations, security features, or authentication mechanisms.

3.3 Authorized Users & Responsibility:

You are solely responsible for activities conducted through your account, including actions by family caregivers or authorized third parties.

4. Data Usage & Privacy

4.1 Data Collection:

We collect de-identified health and usage data to improve our Services. Examples include:

  • Physiological metrics like heart rate, breathing, and sleep patterns.

  • Usage statistics such as session duration and device interactions.

4.2 Data Privacy:

  • Your data is encrypted and stored securely using AES-128 and cloud compliance protocols.

  • SiriuXense adheres to GDPR and other relevant data protection regulations.

4.3 Account Deletion:

Users may delete their accounts via the UniWhale app or by contacting support@uni-whale.com. Upon deletion, all associated data, including baby health metrics, will be permanently erased and cannot be recovered.

5. Warranties & Disclaimers

5.1 No Guarantee of Accuracy:

The Services are provided “as-is” without warranty of any kind. While we strive for accuracy, UniWhale data and analytics may contain errors or inconsistencies.

5.2 Service Interruptions:

We are not liable for any delays, interruptions, or failures in Services due to circumstances beyond our control, including network outages or maintenance periods.

6. Limitation of Liability

To the maximum extent permitted by law:

  • SiriuXense’s liability is limited to the greater of $100 or the amount paid by you in the 12 months preceding the incident.

  • SiriuXense is not liable for indirect, incidental, or consequential damages, including data loss or missed alerts.

7. Indemnification

You agree to indemnify SiriuXense against any claims, damages, or expenses arising from:

  • Your misuse of the Services.

  • Breach of these Terms.

  • Third-party content or unauthorized modifications.

8. Dispute Resolution

8.1 Arbitration Agreement:

By using the Services, you agree to resolve disputes through binding arbitration instead of court litigation. Class actions are not permitted.

8.2 Opt-Out Option:

You may opt out of arbitration within 30 days of accepting these Terms by emailing info@siriuxense.com.

9. Intellectual Property

SiriuXense Inc. owns all rights to its software, trademarks, and designs. Feedback provided by users becomes the property of SiriuXense.

10. Governing Law

These Terms are governed by the laws of the State of California, excluding conflicts of law principles.

Contact Information
For questions or concerns, email support@uni-whale.com.

This version emphasizes accountability, user privacy, and limitations, aligning closely with UniWhale and SiriuXense’s focus on auxiliary care, cloud-driven services, and consumer data protection. Let me know if you’d like further adjustments.

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11. UniWhale Account Deletion
If you use a UniWhale mobile application, you may delete your account using one of two methods: (1) you may click the “Delete Account” button within the UniWhale mobile application; or (2) contact us at support@Uni-Whale.com. Deleting your account will remove your User ID from UniWhale’s account databases. You will no longer be able to access any user and babies' data related to your account. Upon deletion of your account, all long-term baby data and any information associated with your account will be permanently deleted and cannot be recovered. If you wish to create a new account, you may do so with any email address, but any data associated with your previous account will be lost to you. Only you, or someone legally authorized to act on your behalf, may make a request to delete your account.

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