Healthy LaunchPAD (Sensable Health) Terms of Service
The Sensable Health App is a 26-week wellness program offered by Healthy LaunchPAD. Its sole intent is to help people develop a healthier lifestyle to avoid or manage excessive weight gain. The Sensable Health program is NOT a healthcare program. It DOES NOT provide any medical diagnosis, medical advice, or advice about medications, (collectively “Medical Treatment”) nor is it a resource for any Medical Treatment. For any and all questions about any Medical Treatment related to your personal health, we advise you to consult your healthcare provider.
These Terms of Service (“Terms”) apply to your access and use of the Sensable Health program. For purposes of these Terms, the term Sensable Health program means all aspects of the Sensable Health program, which includes the Sensable Health App, telephonic and digital coaching, Fitbit devices, associated firmware, applications, software, Sensable Health website, APIs, products, and services.
You must accept these Terms of Service to create a Sensable Health account and to access or use the Sensable Health program. If you do not accept these terms, do not create an account or use the Sensable Health program. Your proceeding with the payment and enrollment process will indicate you have read and agreed to these Terms of Service.
Our Terms of Service
2. USE OF THE SENSABLE HEALTH APP
Persons under the age of 21 are not permitted to access or use the Sensable Health program. To be able to utilize the Sensable Health program to its fullest extent, it is necessary for you to use
(i) your own Fitbit Versa (or compatible) device or Apple Watch and Withings Body smart scale that is provided by Healthy LaunchPAD and (ii) our mobile applications and software.
3. CREATING AN ACCOUNT
Full use of the Sensable Health program requires that you create an account by providing us with information such as your full name and a valid email address. You are responsible for all activity that occurs in association with your account. Sensable Health is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
Please contact sensablehealth.net if you discover or suspect any security breach related to your Sensable Health account. Sensable Health is not for use in any European Union Country.
By accepting these Terms and presenting a means of payment, you authorize Healthy LaunchPAD to charge your chosen payment method for your participation in the Sensable Health App. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Healthy LaunchPAD account may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Sensable Health program.
4. NECESSARY EQUIPMENT
Full use of the Sensable Health program is dependent upon your use of IOS or Android software supported by a mobile device (Apple 7 or above) and Internet access. The maintenance and security of this equipment may influence the performance of the Sensable Health app and it is your responsibility to ensure the equipment’s functionality and appropriate security features. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
In addition, you will be responsible to already own a Fitbit Versa or similar compatible Fitbit smartwatch or an Apple Watch. These are the only devices that can be used with this version of the Sensable Health app and are essential for providing you with the data and information that are necessary to be a Beta Tester and to work towards achieving healthier lifestyles
5. BETA TESTER RESPONSIBILITIES
- Participate in the Sensable Health program for 6 months
- Participate in scheduled coaching calls
- Go to a convenient Quest Lab for 2 times for a series of lab blood and saliva tests
- Have an Apple (IOS) or Android mobile device
- Have either a Fitbit Versa (compatible) or Apple Watch
- Be willing to get on a digital scale periodically – ideally at least once a week
- Provide periodic feedback on the overall program experience, as well as mobile Appfunctions, features, look and feel, etc. Specific feedback methods TBD
6. POSTING YOUR CONTENT ON THE SENSABLE HEALTH APP
You agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Sensable Health app in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using the Sensable Health app, or which may expose us or our users to any harm or liability of any type.
7. HEALTHYLAUNCHPAD’S RIGHTS
“Sensable Health Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Sensable Health program. Our logos and any other Sensable Health service marks that may appear on the Sensable Health app, and the overall look and feel of the Sensable Health app, including page headers, graphics, icons, and scripts, may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, copyrights, product, and service names, and company names or logos mentioned on the Sensable Health app are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.
8. WHAT YOU CAN DO ON THE SENSABLE HEALTH APP
The Sensable Health program is intended for your personal, non-commercial use. You will not use, sublicense, copy, adapt, modify, translate, reverse engineer, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Sensable Health Content, Sensable Health program or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Healthy LaunchPAD or its licensors, except for the licenses and rights expressly granted in these Terms.
9. USE THE SENSABLE HEALTH APP AT YOUR OWN RISK
IF YOU RELY ON ANY SENSABLE HEALTH CONTENT OR THE SENSABLE HEALTH APP, YOU DO SO SOLELY AT YOUR OWN RISK.
Healthy LaunchPAD makes no endorsement, representation, or warranty of any kind about any Sensable Health Content, information, or services.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Sensable Health app.
Use of the Sensable Health program should not replace your good judgment and common sense. Sensable Health is NOT a healthcare program. It DOES NOT provide any medical diagnosis, medical advice, advice about medications, or is a resource for any medical treatment. For any and all questions about any medical treatment related to your personal health, we advise you to consult your healthcare provider.
Potential issues and limitations specific to participation in the Beta release program may include, but are not limited to:
1. Potential App stability / reliability and performance issues
2. Potential for inaccurate information in certain areas
3. No guarantees of outcome results
10. CONSULT YOUR DOCTOR BEFORE USING THE SENSABLE HEALTH APP
The Sensable Health program is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Sensable Health program, engaging in an exercise program, or changing your diet. If you experience a worsening of any medical condition, stop using the Sensable Health program and consult with a medical professional. We are not responsible for any health problems that may result from exercise programs, nutrition recommendations, products, or events you learn about through the Sensable Health program.
We recommend that you review the use and safety information from FitBit.com prior to the use of their devices.
11. ALERTS AND NOTIFICATIONS
As part of your use of the Sensable Health program, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Sensable Health app by using your Personal Settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
12. LIVE COACHING
We offer, as part of the basic Sensable Health program, 9 Live Coaching sessions to provide you guidance and information to help you achieve your goals to lead a healthier life. In addition, if you choose to pay for additional Live Coaching, the same paragraphs below apply.
The Live Coaching calls provide information and guidance that help you meet your health, fitness, and wellness goals. You set your goals in consultation with your Coach to help create and maintain healthy habits related to nutrition, activity, stress, and sleep. The Live Coaching calls are not a medical or health care service and are not intended to be a substitute for professional medical consultation, advice, or treatment from qualified physicians.
Coaches may interact with you in a variety of ways, including via email, text, or telephone calls. You have the option to choose which methods of communication work best for you. Occasionally, a Coach’s availability may change, and we reserve the right to remove them with or without notice to you. In the event that your Coach is no longer available, we will connect you with another Coach.
The Live Coaching calls are provided “as-is”, without warranty of any kind. Without limiting the foregoing or any other terms or agreements you have with us, we explicitly disclaim all express or implied warranties arising out of or related to these Live Coaching calls, including any warranties of fitness for a particular purpose, or enjoyment. We make no warranty that the Live Coaching will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
This means that while Live Coaching is intended to help you pursue your personal health, fitness, and wellness goals, we do not guarantee that you will achieve your goals. We make no endorsement, representation, or warranty of any kind about any information on the Live Coaching calls, provided to you by a Coach. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive via the Live Coaching calls, and we are not responsible for any health problems that may result from your reliance on the Live Coaching. If you experience a negative change in any health condition while using Live Coaching, consult with a medical professional immediately.
The Live Coaching Calls will be recorded for internal use only. Healthy LaunchPAD may use these recordings for improving the quality of our program.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Sensable Health program or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may terminate your account at any time by contacting us at email@example.com. Upon any termination of these Terms or suspension, termination, or discontinuation of the Sensable Health program or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 12, 13, 14, 15, and 16.
14. CANCELLATION & REFUND POLICY
Sometimes life requires us to hit the “pause” button. We understand.
You may cancel your participation in the Sensable Health program within the first 90 days of enrollment with a full refund. After 90 days following enrollment, there will be no refund available.
We reserve the right to adjust pricing for our Live Coaching or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.
Healthy LaunchPAD is not responsible for the loss or destruction of the devices sent to its participants. Healthy LaunchPAD will make all efforts to replace lost or destroyed devices at the initial cost to participants in the Sensable Health program in a timely manner to allow for continued optimal participation in the program.
THE Sensable Health program AND Sensable Health Content ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SENSABLE HEALTH PROGRAM, INCLUDING ANY WARRANTIES RELATED TO HEALTH OUTCOMES, FITNESS FOR A PARTICULAR PURPOSE, ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OR TRADE.
FOR BETA PRODUCT TESTERS: FOR THE AVOIDANCE OF DOUBT, ALL BETA PRODUCT(S) ARE PRELEASE, ARE EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL, AND ARE NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. BETA PRODUCT(S) MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. ACCORDINGLY, ACCESS TO AND USE OF THE BETA PRODUCT(S) IS ENTIRELY AT CUSTOMER’S OWN RISK. IN NO EVENT SHALL HEALTHY LAUNCHPAD BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA PRODUCT(S), EVEN IF HEALTHY LAUNCHPAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY BETA PRODUCT.
Sensable Health is NOT a healthcare program. It DOES NOT provide any medical diagnosis, medical advice, advice about medications, or is a resource for any Medical Treatment. For any and all questions about any of these areas related to your personal health, we advise you to consult your healthcare provider.
You will indemnify and hold harmless Healthy LaunchPAD and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Sensable Health program, (ii) your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms of Service, or (iv) your violation of any law or the rights of a third- party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
17. LIMITATION OF LIABILITY
NEITHER HEALTHY LaunchPAD, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SENSABLE HEALTH PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSABLE HEALTH PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHY LAUNCHPAD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL HEALTHY LAUNCHPAD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSABLE HEALTH APP EXCEED THE AMOUNTS YOU HAVE PAID TO HEALTHY LAUNCHPAD FOR THE USE OF THE SENSABLE HEALTH PROGRAM FOR A 26-WEEK PERIOD.
18. GENERAL TERMS
Except as otherwise stated herein, these Terms of Service constitute the entire and exclusive understanding and agreement between Healthy LaunchPAD and you regarding the Sensable Health PROGRAM.
We will notify you before we make material changes to these Terms of Service and give you an opportunity to review the revised Terms of Service before continuing to use the Sensable Health program. When you use the Sensable Health program after a modification becomes effective, you are telling us that you accept the modified Terms of Service.
Any notices or other communications provided by Healthy LaunchPAD under these Terms, including those regarding modifications to these Terms of Service, will be given via email. Your participation in the Sensable Health program is voluntary and personal to you and may not be used by any other person. You will not allow anyone else to use your password to participate on the Sensable Health program.
Healthy LaunchPAD’s failure to enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision.
The use by you of the Sensable Health program and any dispute you may have with respect to the Sensable Health program or Healthy LaunchPAD are governed by the laws of the State of Colorado. Any dispute concerning the Healthy LaunchPAD App or otherwise concerning Healthy LaunchPAD must be brought to the state courts in the City and County of Denver, Colorado.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF SERVICE. You may contact us at firstname.lastname@example.org
Revised January 31, 2023