Terms of Use

EFFECTIVE DATE: APRIL 19, 2024

Welcome to Kento Health Inc.’s digital platform. Whether you’ve accessed our website at www.kentohealth.com, used our dedicated Kento app, or interacted with our sensors or health kit, you’re engaging with products and services that are the sole property of Kento Health Inc. (hereafter referred to as “Kento Health,” “The Company,” “we,” “our,” or “us”). By utilizing any aspect of the Kento Health ecosystem, from our software, hardware and applications (collectively, the “Software” or “Platform”) to our website, to coaching sessions with our coaches accessible through our Software (together, the “Services”), you confirm your understanding and agreement to the stipulations of this Terms of Service (the “Agreement”). All visitors, users, or anyone interacting with our offerings (collectively known as “User” or “you”) are bound by this Agreement.

If you do not agree with any of the terms and conditions in this Agreement, you may not access any aspect of the Services in any manner whatsoever.

You represent and warrant that you are an individual of legal age to form a binding contract.

Outside of our digital offerings, this Agreement does not govern offline activities, or the practices of third-party entities linked to our Services.

We prioritize your data’s safety, and its use and protection are in line with our Privacy Policy, accessible here www.kentohealth.com/privacy, and applicable HIPAA guidelines. For information regarding our compliance with HIPAA guidelines with regard to your personal information, you can access our HIPAA Notice of Privacy Practices at www.kentohealth.com/privacy.

It’s crucial to note that OUR SERVICES ARE STRICTLY INFORMATIVE AND EDUCATIONAL AND SHOULD NOT BE USED IN MEDICAL EMERGENCIES. Always consult with a qualified healthcare provider regarding health concerns. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT FOR MEDICAL EMERGENCIES. THE INFORMATION AND MATERIALS CONTAINED IN THE SERVICES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER DIRECTLY WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

IF YOU SUSPECT A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY. Our Platform is not designed for critical or emergency medical communication.

THOROUGHLY REVIEW THESE TERMS. Sections 9.2 and 9.3 contain critical information about arbitration and waiver provisions that may apply to you.

1. Our Offerings

1.1. Acceptance of Terms & User Eligibility

By accessing or using the Services, you accept and agree to be bound by this Agreement, Kento Health’s Privacy Policy, and any additional terms and conditions or policies that may apply.

Engaging with Kento Health’s Services establishes an agreement between you and us. Before accessing or using the Services, ensure you’ve gone through and agreed to the terms of this Agreement. You must read and agree to the terms of this Agreement before using the Service. Non-agreement means non-usage. You’re allowed to use our Services if you can legally uphold this Agreement under all relevant local, state-wide, national, and international regulations. Users below the age of majority in the US state where such Users reside or those previously suspended by Kento Health are ineligible.

1.2. Intellectual Property Rights

1.2.1 - Limited Usage License: Under this Agreement, Users are provided a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access our Services for non-commercial purposes, subject to the terms herein, until the termination of this Agreement.

1.2.2 - Proprietary Rights: Kento Health retains all proprietary rights in the Services and can withdraw this license unilaterally. The Services, including the Platform, are licensed and not sold to you.

1.3. Platform Usage Limitations

The Kento Health Platform is designed for specific uses. You are prohibited from sublicensing, distributing, pledging, renting, lending, or transferring the Software or any content made available through the Software (“Platform Content”) to any third party. You must not use the Software in any way other than as explicitly described in this Agreement. Modifications to the Software, its integration into other products, or the creation of any derivative based on the Software is strictly forbidden. Removing or altering any copyright, trademark, rights notices, disclaimers, or warnings within the Software is not allowed. Using the Software for third-party services, such as service bureau arrangements, shared-time usage, or fee-based services, is prohibited. Unless expressly required otherwise by applicable local laws, you must not attempt to reverse compile, disassemble, or otherwise reverse engineer any part of the Software without Kento Health’s prior written authorization. If you discard any medium containing the Software or Platform Content, ensure that all such content is fully erased or destroyed.

IMPORTANT: The Services are not designed for situations where its malfunction could result in harm or fatality. Ensure you use our Services in compliance with all relevant local, state, national and international regulations.

1.4. Account Management

Your Kento Health account (your “User Account”) grants access to various features we offer that we establish and maintain from time to time as part of our Services at our sole discretion. Protect your User Account details and immediately report any unauthorized access to us. We are not liable for any losses from unauthorized User Account usage. User Account sharing or transfers are not allowed. Kento Health has the discretion to terminate User Accounts, and suspended users might be denied new User Account creation. Protect your personal data, avoid misrepresentation, and ensure all User Account details are accurate and up-to-date.

You must not: (i) set up multiple User Accounts to utilize the Services, (ii) permit any other person to access your User Account, or (iii) delegate your User Account privileges to others. Kento Health shall not be held liable for any losses, damages, or expenses arising from your inability to properly protect your User Account. You are prohibited from subletting, distributing, or offering any Services to third parties. Kento Health has the authority to deactivate any User Account at its discretion; if Kento Health terminates your User Account, you might be restricted from establishing a new one.

Kento Health is committed to maintaining the confidentiality of personal data you provide during the User Account creation process. Ensure that the information you offer is accurate, up-to-date, and authentic, and do not falsify your identity or associations.

You can customize your User profile and Service interactions through the settings. By sharing your email with Kento Health, you approve of receiving Service-related notifications. We might also send updates or promotional emails, but you can adjust your email preferences in the settings. Disabling these notifications might limit your awareness of Service enhancements.

1.5 User Submissions

Do not post or share any content that violates any third-party rights in the Software’s public sections, like potential message boards (“Public Areas”). Any content shared in Public Areas is considered non-confidential.

Any communication sent to Kento Health, including through “Contact Us”, must not breach any third party’s rights. Sharing business concepts or ideas with Kento Health implies they’re non-confidential.

If you contribute to our Public Areas or communicate with Kento Health in Public Areas, you grant us an unrestricted, non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to use, adapt, publish, translate, and display the content in any medium. Kento Health can grant sublicenses to third parties. For any communications intended to be confidential, such as those related to your personal information, please avoid using public posts or direct submissions to Kento Health via Public Areas.

1.6 Third-Party Materials

Kento Health might offer health device kits with third-party tools, such as blood-pressure monitors or wearable trackers (“Health Kit”). Kento Health may also present or link to third-party content or services (“Third-Party Content”). Kento Health is not liable for the accuracy or legitimacy of Third-Party Content or the Health Kit. Access to such Third-Party Content is solely at your discretion and is governed by third-party terms.

The provided Third-Party Content and Health Kit are solely educational and informational. THEY ARE NOT DESIGNED TO DIAGNOSE OR TREAT OR CURE OR PREVENT MEDICAL CONDITIONS or DISEASES, as they are not medical devices.

1.7 Medical Disclaimer

Kento Health is not a healthcare provider and does not practice medicine or provide medical advice, diagnosis, treatment, or prevention. The Platform is not a medical device. The information provided through the Services is intended for general informational purposes and should not be used as a substitute for professional medical care or advice.

1.8 Online Communication Services

You have the ability to send and receive electronic messages, such as emails, partake in phone or videoconference conversations, and chats, upload or download documents, and make use of the Services according to this Agreement. The Company may record phone interactions between you and our support team and/or coaches for your healthcare provider(s) to access for the purpose of providing healthcare services to you. You’re accountable for your communications and usage of our Services.