Privacy policy.

Privacy Policy

Medsense Health — Updated 05/13/26. We have the highest regard for your privacy and personal information and realize that the success of our services depends on the trust that you have in the way we handle your personal information. By entrusting us with your information, we would like to assure you of our commitment to keep such information private. We have taken considerable steps to protect the confidentiality, security and integrity of this information.

This Privacy Policy applies to your use of the Medsense mobile device application (the “App”) and related website located at www.medsense.health (including the mobile-optimized versions of such website, the “Site”) owned by Medsense Inc. The App and the Site are referred to together as the “Service.” “You” refers to any user of the Service, including individuals who use the Service to track medication compliance such as family.

This policy sets out our commitments and explains the rights that you have with respect to your personal information. If you do not agree to the terms of this Privacy Policy, please do not use the Service. This Privacy Policy becomes effective on February 1, 2019 for all users, provided that enhanced data protection rights required by the EU General Data Protection Regulation apply for all EU-resident users who are natural persons.

Grounds for data collection

When you use our Service, you consent to the collection, storage, use, disclosure and other uses of your personal information as described in this Privacy Policy. Processing of your Personal Information is necessary for the performance of our contractual obligations towards you and providing you with our Service, to protect our legitimate interests, and to ensure compliance with legal and financial regulatory obligations.

How we receive information about you

While you may use some of the functionality of the Service without creating a profile or registration, certain tools of the Service require registration and provision of your information, including Personal Information.

• If you choose to create a profile or register with us, you will be asked to provide Personal Information which will be associated with your Health Information.
• Whenever you submit information via our Service — including by telephone or email with customer service — we may collect Health Information and other Personal Information you provide us, in order to provide you with our Service.

It is your voluntary decision whether to provide us with any Personal Information or Health Information. If you do not provide this information, you may not be able to create a profile or register with the Service and your use of the Service may be limited.

What types of information we collect

Personal Information. Create profile and registration information: your name, email address, gender, and birth year. We may collect country of residency, home address, birthday and phone number. Healthcare providers will be asked to provide information regarding their professional qualifications.

Voluntary information. When you communicate with us (for example, by email or contact form) we collect the Personal Information you provide.

Technical information. Certain technical information is recorded automatically when you use our Service, such as your IP address and device approximate location.

Personal Health Information.You may choose to use features that allow you to input your medications, prescription dates, refill counts, dosing frequency, physical measurements, your doctor’s name, and your pharmacy (collectively your “Health Information”).

Non-Personal Information. Site usage data such as the type of computing or mobile device, language, browser, geo-location and use of the Site. We may also collect non-identifiable Health Information if you choose to provide it. For the App, an Installation ID is assigned at install used similarly to cookies; technical information including OS, browser, advertiser ID and installed-apps lists may be accessed solely to maintain proper quality of service.

How we use the information we collect

• Provision of service — provide and improve the Service, diagnose server issues, personalize content (e.g. send you medication reminders using your Health Information).
• General communication — send texts, emails, or other communications regarding adherence, Service maintenance, updates, or changes to this Privacy Policy.
• Marketing — use your contact details to send promotional material about our services or partner services. You may opt out at any time; even after opting out, we may continue to use Personal Information for non-marketing purposes.
• Analytics, surveys and research — analyze information to develop and evaluate features.
• Protecting our interests — investigate liabilities, defend against claims, prevent fraud, and protect the rights and property of Medsense, its users and partners.
• Enforcing of policies — enforce our Terms, Client Agreement, and other policies.
• Legal and regulatory compliance — comply with applicable law, regulation, subpoena, or similar legal process.

With whom we share your Personal Information

• Research partners — research institutes, healthcare systems, and healthcare providers, for research purposes and improvement of our services.
• Personalized third-party content providers— only with your consent; once transferred, the information is subject to that company’s privacy practices.
• Third-party health apps — Apple HealthKit, Samsung S-Health, Google Fit; information you consent to share is used for medical research, product improvement, and aggregated analytical purposes. We do not sell Personal Information or use it for advertising.
• Service providers — contractors and vendors (e.g. Google Analytics) bound by confidentiality obligations.
• Law authorities — law enforcement, courts, tribunals, and legal advisors when required to respond to legal process or protect our rights.
• Merger, acquisition or sale — we may transfer Personal Information as part of a corporate transaction.

You may also share information through the Service with family members, doctors, healthcare providers, and pharmacies or coupon companies; such sharing is at your discretion and subject to those third parties’ privacy practices.

Use of aggregated data

Aggregated data will not contain any information that could be used to contact or identify you. We may combine information across users to create aggregated data that we and third parties may use for content marketing, research, behavior pattern analysis, adherence improvement, marketing strategies, and commercial contracting.

International transfers

Some service providers may be located outside the European Economic Area. We transfer your data only to countries approved by the European Commission as providing an adequate level of data protection, or under legal agreements ensuring an adequate level of protection. Personal Information may also be transferred in connection with a corporate transaction.

EEA residents’ rights

If you are a resident of the European Economic Area, you have the following rights, subject to our legitimate interests and regulatory requirements: confirmation of processing and access to your stored Personal Information; portability; rectification; erasure; objection to processing; restriction of processing; and the right to lodge a complaint with a supervisory authority. To exercise any of these rights, contact contact@medsense.health.

Retention

We retain your Personal Information for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our policies. Retention periods are determined based on the type and purpose of the information.

Links to other websites or apps

Our Service may link to or reference websites or mobile services we do not control. Information you provide to those third parties is governed by their privacy policy, not ours.

How we protect your information

We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Information. Information is stored on secure servers and is not publicly available. Access is limited to employees and partners who need it. You are responsible for safeguarding your password and account. We cannot absolutely guarantee security — transmitting information over the internet always carries some risk.

Children

The application is not intended for children under the age of 13. We do not knowingly collect Personal Information from children under 13, and we do not knowingly distribute such information.

How to contact us

If you have any questions, comments, requests, or concerns related to this Privacy Policy or our privacy practices, contact us at contact@medsense.health.

Terms and Conditions of Use

Medsense Health, Inc. By using our service, you agree to these Terms and Conditions of Use (“Terms of Use”), which govern your use of this service. You also agree to our End User License Agreement and Privacy Policy, located on this page and incorporated by reference. If you do not agree to these Terms of Use, do not use this Platform. You agree to the arbitration agreement and class action waiver described in Section 5 to resolve any disputes with Medsense Health.

You affirm that you are 18 or more years of age, are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms herein.

1. Services and use

1.1 Subscription Service. Subject to these Terms and the fees specified in an Order, Medsense Health will use commercially reasonable efforts to make the Subscription Service available. We grant you a revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Subscription Service for your business purposes. All rights not expressly granted are reserved. Late payments are subject to additional fees. There are no refunds.

1.2 Use restrictions. You will not (i) copy, distribute, or disclose any part of the Subscription Service; (ii) use automated systems to access it beyond conventional human use; (iii) reverse engineer it; (iv) modify or create derivative works of it; (v) rent, lease, sell, or transfer access; (vi) remove proprietary notices; (vii) submit infringing or malicious content; (viii) bypass access controls; or (ix) use it to build a competing product or service.

1.3 Login credentials. You may need to create an account. You must provide accurate information, keep your password secure, and notify us of any breach. Each login may be used by only a single individual Administrator. You are responsible for all activity on your account.

1.4 Administrators. You will designate one or more Administrators who can view User content and personal information.

1.5 Unilateral termination. We may terminate your account and access at our sole discretion if you violate these Terms or any other policy, with or without notice.

1.6 Updates. We may update or change the Subscription Service from time to time with reasonable advance notice where practicable.

1.7 Error correction. We will use commercially reasonable efforts to correct reproducible Errors during normal business hours; this is your sole and exclusive remedy for Errors.

1.8 Support exclusions. We have no obligation to correct Errors caused by your acts or omissions, third-party equipment or software, use outside the Documentation, or Force Majeure Events.

1.9 Browser compatibility. Third-party plug-ins may be required; we make no warranty as to their compatibility.

1.10 Required third-party services. You may be required to enter into contracts with third-party sites by clicking links on this Platform; we are not responsible for your actions or inactions in connection with any third-party site.

2. Billing and cancellation

2.1 Payment methods. You must provide one or more Payment Methods. You authorize us to charge any Payment Method on your account if the primary method is declined or unavailable. If a payment fails and you do not cancel, we may suspend access until a valid Payment Method is charged.

2.2 Cancellation. You may cancel auto-billing at any time.

2.3 Payments nonrefundable. Payments are nonrefundable and there are no refunds or credits for partially used periods. After cancellation you will continue to have access through the end of your current billing period.

3. Medsense Health service

3.1 Proprietary information. All content of our Platform and services is the copyrighted material of Medsense Health or the appropriate contributor, protected by U.S. and international copyright, trademark, and other laws.

3.2 Limited grant. The service and its content are for your personal and non-commercial use only and may not be shared. You retain ownership of Your Data; we may track aggregated analytics regarding device, OS, sync, wait or down times, errors, and other system data to test, evaluate, support, market, and improve the Services.

3.3 Prohibited uses. You agree not to archive, download, reproduce, distribute, modify, display, copy, aggregate, publish, license, or offer for sale content from the service; not to circumvent any content protections; not to use bots, scrapers, or data-mining tools; and not to upload malicious code.

3.4 DMCA notice. Copyright holders may submit DMCA notices to our copyright agent with the information required by 17 U.S.C. § 512.

3.5 Quality of streaming. Display quality depends on your device, connection, and location. You are responsible for your internet access charges.

3.6 Protecting personal information. Never give out personal information or access to your documents on Medsense Health. Protecting your information and safeguarding Medsense Health links is your responsibility.

3.7 Discounts and coupons. Promotions and discounts are not transferable, are limited to one per user, have no cash value, and may not be combined or applied to past orders.

3.8 Implementation of the Platform. If you or your employer authorize us to access your device to implement the Platform or upload your information, you authorize us to accept these Terms on your behalf, and these Terms remain binding on you.

4. Disclaimers and limitations on liability

4.1 The service and all content are provided “as is” and “as available” with all faults and without warranty of any kind. Medsense Health does not guarantee that your use of the service will be uninterrupted or error-free.

4.2 To the extent permissible under applicable laws, Medsense Health, its employees, or affiliates will not be liable for personal injury or any special, incidental, indirect or consequential damages of any kind.

4.3 Some jurisdictions do not allow these exclusions; some of the above limitations may not apply to you.

4.4 In no event will Medsense Health’s aggregate liability exceed the total amount paid by you in the twelve (12) months preceding the first incident from which the liability arose.

4.5 You agree to indemnify, defend, and hold harmless Medsense Health, its affiliates, licensors and contractors, and their respective officers, directors, employees and agents from third-party claims arising from your breach of these Terms or applicable law.

4.6 Nothing in these Terms affects any non-waivable statutory rights that apply to you.

4.7 User content. You are solely responsible for all User content and personal information. We may, but have no obligation to, screen for objectionable content. We may disclose content as required by law and will give you prompt notice of any such legal demand and reasonably cooperate with you at your expense in any effort to seek a protective order.

5. Dispute resolution

5.1 U.S. dispute resolution. Any dispute, claim or controversy arising out of or relating to the service, these Terms, and this Arbitration Agreement will be determined by binding arbitration or in small-claims court. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. You and Medsense Health are each waiving the right to a trial by jury or to participate in a class action. This provision survives termination.

5.2 Procedure. If you elect to seek arbitration or file a small-claims action, you must first send Medsense Health a written Notice describing the nature and basis of the claim and the specific relief sought. If we do not reach an agreement within 60 days, either party may commence arbitration or file a small-claims action.

5.3 Governing rules.Arbitration is administered by the American Arbitration Association (AAA) under the Commercial Arbitration Rules. Hearings take place in Yakima County, Delaware unless we agree otherwise. The arbitrator’s award is final and binding except for judicial review expressly permitted by law or where the award includes injunctive relief.

5.4 You and Medsense Health agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate claims or preside over a class proceeding. If this specific provision is unenforceable, the entire arbitration provision is null and void.

6. Miscellaneous

6.1 Governing law. These Terms are governed by the laws of the State of Delaware, U.S.A., under the Federal Arbitration Act, without regard to conflict-of-laws provisions.

6.2 Unsolicited materials. We do not accept unsolicited materials or ideas; we are not responsible for similarity between our content and any unsolicited submission.

6.3 Termination. We may terminate or suspend your access to the services at our sole discretion, with or without notice. Suspected fraud or illegal activity may be referred to law enforcement.

6.4 Feedback. We may use any feedback you send us without compensation or acknowledgment for any purpose.

6.5 Survival & severability. If any provision is held invalid, the remaining provisions remain in full force.

6.6 Changes. We may change these Terms from time to time. Revisions are effective immediately for new users and 30 days after posting for existing subscribers unless otherwise stated.

6.7 Communication preference. We will send account-related information electronically via email; you agree that electronic communications satisfy any legal communication requirements.

6.8 Force majeure. Neither party is liable for failures caused by events beyond reasonable control, including strikes, epidemics, acts of war or terrorism, natural catastrophes, utility failures, and similar events; this does not excuse payment obligations.

6.9 U.S. Government Restricted Rights; export. Software provided hereunder is “commercial computer software” under 48 C.F.R. § 12.212. You must comply with all U.S. export laws and regulations.

6.10 Relationship; third-party beneficiaries. These Terms do not create any partnership, franchise, joint venture, agency, or employment relationship.

6.11 No assignment. You may not transfer or assign these Terms; we may assign without restriction.

Contact

Medsense Health, Inc. · 503 Knight St., Ste. A, Richland, WA 99352 · Joshua@gravislaw.com · 509-380-9102

End User License Agreement

This End User License Agreement (“Agreement”) between you, the client (“Licensee”) and Medsense Health Inc., a Delaware limited liability company (“Licensor”), provides the terms and conditions under which Licensor will license to Licensee certain Medsense Health™-brand software. By signing, Licensee accepts and agrees to the terms of this Agreement. If you are accepting on behalf of an entity, you represent that you have authority to bind such entity.

1. License

1.1 License grant.Solely during the Term, Licensor grants Licensee a non-exclusive, revocable, non-sublicensable and non-transferable license under Licensor’s copyrights in the United States to use the machine-code version of the software, together with related technical documentation, on a single computer or mobile device.

1.2 Title.Subject to the License, Licensor retains all right, title and interest, including all patent, copyright, and trademark rights, in and to the Software and all derivative works. Licensee shall indemnify, defend and hold harmless Licensor against third-party claims alleging that Licensee’s use of the Software infringes intellectual property rights or violates applicable law if Licensee’s use was in breach of this Agreement.

1.3 Restrictions.Licensee shall not: (i) decompile, disassemble, or reverse engineer the Software; (ii) remove product identification, copyright, trademark or other notices; (iii) provide, lease, lend, use for timesharing or service-bureau purposes or otherwise allow third parties to use the Software; (iv) modify, incorporate into other software, or create a derivative work; (v) disseminate benchmark or performance information without prior written authorization; (vi) use the Software’s output for any purpose other than its specifications; or (vii) share the application in a client/server or networked environment.

2. Limited warranty

This software is provided to Licensee with the understanding that it will come with the features and functions contracted for under the Term. Software as a service comes with certain potential technical issues, including technical interruptions, indirect and non-intentional code discrepancy, scheduled interruptions from third-party providers, and Acts of God. Licensor does not warrant that the Software is error-free or that operations will be uninterrupted.

3. Support and maintenance

3.1 Support. During the Term, and provided Licensee has paid applicable support and maintenance fees, Licensor shall provide support and maintenance in accordance with its then-current policies.

3.2 Limited training.Training is provided based on the Service package purchased, at Licensor’s then-current prices and offerings, supplied via online video chats, phone calls, or other online communication unless otherwise agreed.

4. Term

This Agreement commences on the date it is first accepted by Licensee and continues for the duration of the Agreement.

5. Limitation of liability

Notwithstanding anything to the contrary, and to the extent allowed by Delaware law, Licensor shall not be liable: (i) for any amounts in excess of the total amount paid to Licensor by Licensee in the twelve months prior to the cause of action; (ii) for any special, punitive, incidental or consequential damages (including lost profits, cost of substitute services, or rights); (iii) for interruption of use or loss or corruption of data; or (iv) for any matter beyond Licensor’s reasonable control.

6. Right to audit

On written request, Licensee shall furnish a signed certification that the Software is being used pursuant to this Agreement. Licensor may perform a physical audit, with prior reasonable notice, during regular business hours. Material discrepancies require payment of then-current fees for the unauthorized use.

7. Acceptance

Licensee agrees that the terms and conditions of this Agreement are binding on Licensee, and Licensee shall comply fully with them.

8. General provisions

8.1 Cumulative remedies. The remedies under this Agreement are cumulative; election of one remedy does not preclude pursuit of others.

8.2 Governing law. Governed by the Provision of Law as defined in the Master Subscription Agreement (MSA).

8.3 Notices. Notices to Licensor: Medsense Health, Inc., Attn: Legal, 503 Knight St., Ste. A, Richland, WA 99352. Notices to Licensee per the purchasing information in the final Agreement.

8.4 Export restrictions. Licensee will comply with U.S. export laws, including Export Administration Regulations.

8.5 Assignment. Licensee may not assign without prior written consent of Licensor.

8.6 Independent contractor. The relationship is one of independent contractors; neither party may bind the other.

8.7 Third-party beneficiaries. There are no third-party beneficiaries.

8.8 Severability. Unenforceable covenants are interpreted to the broadest extent enforceable; invalidity of one provision does not affect the others.

8.9 Waiver. A failure to insist on performance does not waive future performance rights.

8.10 Entire agreement. This Agreement and exhibits constitute the entire agreement; the Master Subscription Agreement prevails on any conflict.

8.11 Force majeure. Either party is excused for failures caused by events beyond reasonable control (acts of God, labor disputes, war, government orders, utility failures, etc.); payment obligations are not excused.

8.12 Legal expenses.Licensee shall pay Licensor’s reasonable attorneys’ fees and costs to collect amounts due; a prevailing defendant is entitled to its reasonable attorneys’ fees and costs.

8.13 Government end-users. The Software and documentation are “commercial computer software” and “commercial computer software documentation” under DFAR Section 227.7202 and FAR Section 2.212.

Messaging Terms & Conditions

Medsense Health · P.O. Box 7241, Tacoma, WA 98417-0241

General

When you opt in to the service, we will send you a message to confirm your signup. By opting in, you agree to receive recurring automated marketing and informational text messages and calls from Medsense Health. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Medsense Health. We reserve the right to alter the frequency of messages at any time and to change the short code or phone number from which messages are sent.

Message and data rates may apply. Your wireless provider is not liable for delayed or undelivered messages. Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation

You can cancel at any time by texting STOP. After you send STOP, we will send you a confirmation message and no further messages will be sent. To resume, sign up again.

Info

Text HELP at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email mtabakin@medsense.health.

Transfer of number

Before changing your mobile number or transferring it to another individual, reply STOP from the original number or notify us of your old number at mtabakin@medsense.health. This duty to inform is a condition of using this service.

Privacy

Questions about your data or our privacy practices? See the Privacy Policy section above or contact contact@medsense.health.

Changes

We reserve the right to change or terminate our messaging program at any time and to update these Messaging Terms at any time. Changes are effective immediately upon posting. Your continued enrollment after a change constitutes your acceptance of such changes.