Re: #2, from http://www.zensorium.com/tinke/specs.html:

   WARNING

   Tinké is NOT a medical device. Tinké and its associated
   applications should not be used to diagnose, treat, or
   prevent any disease or medical condition. Always seek 
   the advice of a qualified medical professional.

It seems like the same type of logic applied to over-the-counter drugs that call themselves supplements -- it's not a "drug" if the marketers don't make certain claims. In the case of Tinké, they are providing a means for collecting data and do not make any claims that the product will directly affect your health.