Effective Date: February 1, 2026
Please read these Terms of Service ("Terms") carefully.
This agreement is between you and TSM-AI spółka z ograniczoną odpowiedzialnością, a limited liability company organized under the laws of Poland (hereinafter referred to as 'TSM-AI', 'we', or 'us').
By accessing or using the 3Sense application (the "Service"), you agree to be bound by these Terms. If you do not agree, please do not use the Service.
1. MEDICAL DISCLAIMER
3Sense is NOT a medical device, and the Service does NOT provide medical advice.
- No Medical Professional Relationship: Use of 3Sense does not create a doctor-patient or healthcare provider relationship.
- Informational Purposes Only: All insights, data visualizations, and information produced by the app are for informational and educational purposes only. They are generated based on the data you voluntarily provide.
- Not for Diagnosis or Treatment: The Service is not intended to diagnose, treat, cure, or prevent any disease, mental health condition, or physical ailment.
- No Emergency Use: 3Sense is not for emergency situations. If you are in distress or think you may have a medical emergency, call 911 (USA), 112 (EU), 000 (Australia), or your local emergency services immediately.
- Seek Professional Help: Always seek the advice of a qualified physician with any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read in 3Sense.
2. ELIGIBILITY AND USER ACCOUNTS
- Age requirement. You must be at least 18 years old to use the Service.
- Accurate information. You agree to provide accurate and complete information when creating and maintaining your account.
- Account security. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly if you suspect unauthorized access.
- Voluntary data input. Any data you enter, upload, or connect is provided voluntarily, and you are responsible for its accuracy and legality.
3. THE SERVICE (WHAT WE PROVIDE)
- Core functionality. 3Sense helps you view, organize, and interpret wellness and lifestyle information, which may include (depending on enabled features): sleep, activity, workouts, body metrics, nutrition logs, trends, summaries, and AI-assisted explanations.
- Data may change. Data synced from devices or third parties can be updated retroactively (e.g., recalculated sleep stages, corrected timestamps, reprocessed documents). The Service may reflect these updates.
- No guarantee of availability. We may modify, suspend, or discontinue any part of the Service at any time, including features offered as beta or experimental.
4. WEARABLES, HEALTH PLATFORMS, AND THIRD-PARTY INTEGRATIONS
- Third-party connections. The Service may connect to third-party platforms (for example, wearable providers and health data platforms). Your use of those services is governed by their terms and privacy policies.
- Authorization. When you connect an integration, you authorize us to access and process the data made available by that provider to deliver the Service to you.
- No responsibility for third parties. We do not control third-party services and are not responsible for their availability, accuracy, outages, policies, or acts/omissions.
5. AI FEATURES AND OUTPUT LIMITATIONS
- AI outputs are probabilistic. Some features may use automated or AI-based processing (e.g., summarization, trend narratives, document analysis). Outputs can be incomplete, outdated, inaccurate, or misleading.
- Your responsibility. You are responsible for how you use any AI outputs. Do not rely on outputs for medical decisions or emergency situations.
- Model/provider changes. We may update models, prompts, providers, and processing methods to improve the Service, comply with law, or manage performance and cost.
6. SUBSCRIPTION AND PAYMENTS
This section applies only if you purchase paid features.
- Plans and pricing. The Service may offer free features and paid subscriptions or one-time purchases (“Paid Plans”). Details (price, billing period, and included features) are shown at the point of purchase.
- In-app purchases (Apple / Google). If you purchase a subscription through the Apple App Store or Google Play, the platform provider processes payment and may control billing, renewal, and cancellation flows.
- Auto-renewal. Subscriptions typically renew automatically unless cancelled before the renewal date, as described by the platform’s subscription settings.
- Cancellation. You can cancel in your App Store / Google Play account settings. Cancellation stops future renewals; access generally continues until the end of the then-current billing period.
- Refunds. Refunds for purchases made via Apple or Google are generally handled under those platforms’ policies and processes (and any rights you have under applicable law).
- Price changes. We may change pricing or plan structures. Where required, we will provide notice through the app, email, or the relevant app store mechanism.
- Taxes. Taxes may apply depending on your location and will be displayed where required.
7. INTELLECTUAL PROPERTY AND DATA OWNERSHIP
- Our property. The Service (including software, code, design, interfaces, trademarks, logos, and original content we provide) is owned by TSM-AI or its licensors and is protected by intellectual property laws.
- Limited license to you. We grant you a personal, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial purposes, subject to these Terms.
- Restrictions. You may not (and may not allow others to): reverse engineer, decompile, modify, create derivative works of, or circumvent security features of the Service, except where explicitly allowed by law.
8. DATA OWNERSHIP AND PRIVACY
- Your data remains yours. You retain ownership of the personal data and content you provide.
- Our processing role. We process your data to provide the Service, including storage, synchronization, analytics, and generating outputs you request.
- De-identified/aggregated data. We may create de-identified and/or aggregated data from usage and performance signals to maintain, protect, and improve the Service, consistent with applicable law and our Privacy Policy.
- Privacy Policy. Our Privacy Policy explains what we collect, how we use it, and your rights. The Privacy Policy is incorporated by reference into these Terms (https://3sense.ai/privacy-policy).
9. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, TSM-AI and its affiliates shall not be liable for any indirect, incidental, or consequential damages arising out of your use of the Service.
- General Cap: For any direct damages, TSM-AI’s total liability for any claim shall not exceed 50 USD (or the equivalent in local currency).
- For Australian Users: Nothing in these Terms excludes, restricts, or modifies any guarantees or rights you have under the Australian Consumer Law (ACL). In the event of a breach of a non-excludable consumer guarantee, our liability is strictly limited to the resupply of the services or the payment of the cost of having the services supplied again.
- For EU Users: The limitations above do not apply to liability for death or personal injury caused by our negligence, or for damages caused by willful misconduct or gross negligence where such limitations are prohibited by local law.
10. INFRASTRUCTURE, GOVERNING LAW, AND DISPUTE RESOLUTION
Data Hosting: All data processing and storage occur on secure, encrypted servers located within the European Union.
Governing Law: Except as specified below, these Terms are governed by the laws of Poland.
Dispute Resolution:
- For Users Residing in the United States:
- Binding Arbitration: Any dispute or claim relating in any way to your use of 3Sense will be resolved by binding arbitration rather than in court, under the Federal Arbitration Act. The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
- Class Action Waiver: You and TSM-AI agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
- Seat of Arbitration: The legal location (seat) of the arbitration shall be New York, New York, though hearings may be conducted virtually to accommodate the parties.
- For Users Residing in the European Union and the Rest of the World:
- Any disputes shall be subject to the non-exclusive jurisdiction of the courts of Warsaw, Poland.
- EU Consumer Protection: If you are a resident of the EU, you also benefit from the protection of the mandatory provisions of the law of your country of residence and may bring a claim in your local courts.
- Online Dispute Resolution: You may also access the EU Online Dispute Resolution (ODR) platform.
11. YOUR CONTENT, UPLOADS, AND PERMISSIONS
- Your content. You may input text, upload files (including health or lab documents), and submit other materials (“User Content”).
- You must have rights. You represent that you have all rights necessary to provide User Content and that it does not violate law or third-party rights.
- License to operate the Service. You grant us a limited, non-exclusive, worldwide license to host, store, reproduce, process, and transmit User Content solely to provide, maintain, and improve the Service for you (including performing requested analyses and generating outputs).
- Sensitive information. Do not upload or share information you are not comfortable storing digitally. If you include third-party personal data, you are responsible for having a lawful basis to share it with us.
- Feedback. If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.
12. INDEMNIFICATION
You agree to indemnify and hold us harmless from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the Service, (b) your User Content, or (c) your violation of these Terms or applicable law.
13. TERMINATION
By you. You may stop using the Service at any time. Our Privacy Policy outlines how you can request removal of the data or when it will be removed after you stop using the Service.
By us. We may suspend or terminate access immediately if you breach these Terms, misuse the Service, or if we are required to do so by law.
Effect of termination. Upon termination, your right to use the Service ends. Certain sections (IP, disclaimers, limitation of liability, indemnification, and legal terms) survive termination.
14. APP STORE SPECIFIC TERMS (APPLE)
If you download the iOS version from Apple, the Apple Licensed Application End User License Agreement may apply as a default EULA unless we provide a custom EULA, and Apple is a third-party beneficiary of certain terms.
We (not Apple) are responsible for the Service and support, except as required by applicable law.
15. CHANGES TO THESE TERMS
We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., in-app notice or email). Continued use of the Service after the effective date of updated Terms means you accept the updated Terms.
16. ACCEPTABLE USE
You agree not to:
- use the Service for unlawful purposes or in violation of applicable regulations;
- attempt to gain unauthorized access to systems, accounts, or data;
- interfere with or disrupt the Service (including abuse, scraping, automated requests that degrade performance);
- upload malware or harmful code;
- use the Service to provide medical advice, clinical services, or emergency services;
- misuse AI features to generate harmful, illegal, or infringing content.
We may suspend or terminate accounts involved in prohibited activity.
17. AVAILABILITY, CHANGES, AND COMMUNICATIONS
- Service changes. We may change the Service at any time, including adding or removing features, altering limits, or adjusting integrations.
- Notices. We may send you service notices and administrative messages via email, in-app notifications, or within the Service.
- Beta features. Beta/experimental features may be less reliable and are provided “as is”.
18. DISCLAIMERS
- As-is / as-available. To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis without warranties of any kind.
- No guarantee. We do not warrant that the Service will be uninterrupted, secure, error-free, or that outputs will be accurate, complete, or fit for a particular purpose.
- Third-party services. We disclaim responsibility for third-party services, devices, and integrations.
19. LANGUAGE AND INTERPRETATION
- English Version: These Terms are drafted in the English language. Any translation of these Terms into other languages is provided for convenience and informational purposes only.
- Precedence for Global Users: Except as provided in Section 19.3, in the event of any discrepancy, conflict, or inconsistency between the English version and any translated version, the English version shall prevail and be the definitive version for the interpretation and enforcement of these Terms.
- For Users Residing in Poland: If you are a consumer residing in the Republic of Poland, the Polish language version of these Terms (if provided) shall be binding and shall prevail in accordance with the Polish Language Act (Ustawa o języku polskim). In such cases, the Polish version is the only version intended to have legal effect between you and TSM-AI.
20. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Email: hello@3sense.ai
Full company name: TSM-AI Spółka z Ograniczoną Odpowiedzialnością
Registered Office Address: ul. Nowy Świat 33/13, 00-029 Warszawa, POLAND
NIP (Tax ID): PL 5253022508
KRS (Registry Number): 0001135266
