Terms of Service ("Terms")
Please carefully read these Terms of Service ("Terms") before using the Sensy website (the "Service") operated by Sensy ("us," "we," or "our").Your access to and use of the Service is subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who want to access or use the Service.By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to receive newsletters, marketing or promotional materials, and other information we may send. However, you have the option to unsubscribe from receiving any or all of these communications by following the unsubscribe link or instructions provided in any email we send.
Subscriptions
Certain parts of the Service require a subscription ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles can be monthly or annual, depending on the subscription plan you choose when purchasing a Subscription.At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Sensy cancels it. To cancel your Subscription renewal, please contact Sensy via email.A valid payment method, such as a credit card, is necessary to process the payment for your Subscription. You are responsible for providing Sensy with accurate and complete billing information, including your full name, address, state, zip code, telephone number, and valid payment method details. By submitting your payment information, you authorize Sensy to charge all Subscription fees incurred through your account to the provided payment method.If automatic billing fails for any reason, Sensy will issue an electronic invoice. The invoice will indicate that you must manually proceed with the full payment corresponding to the billing period stated on the invoice within a specified deadline.
Fee Changes
Sensy reserves the right to modify the Subscription fees for the Subscriptions at its sole discretion and at any time. Any changes to Subscription fees will be effective at the end of the current Billing Cycle.Sensy will provide you with reasonable prior notice of any changes in Subscription fees, giving you the opportunity to terminate your Subscription before the revised fees become effective.By continuing to use the Service after the changes in Subscription fees take effect, you agree to pay the modified Subscription fee amount.
Refunds
Requests for refunds on Subscriptions may be considered by Sensy on a case-by-case basis and granted at the sole discretion of Sensy.
Content
Our Service enables you to post, link, store, share, and otherwise make available certain information, text, videos, or other materials ("Content"). You are solely responsible for the legality, reliability, and appropriateness of the Content you post on or through the Service.By posting Content on or through the Service, you represent and warrant that: (i) the Content is your own or you have the necessary rights to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on copyright.You retain all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We do not assume any responsibility or liability for the Content posted by you or any third party using the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content in accordance with these Terms.Sensy has the right, but not the obligation, to monitor and edit all Content provided by users.Additionally, the Content found on or through this Service is either the property of Sensy or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain without our express advance written permission.
Accounts
By creating an account with us, you affirm that you are at least 18 years old and that the information you provide to us is accurate, complete, and up-to-date. Any inaccurate, incomplete, or outdated information may result in the immediate termination of your account on our Service.It is your responsibility to maintain the confidentiality of your account and password. This includes taking necessary measures to restrict access to your computer and/or account. You agree to accept liability for all activities or actions that occur under your account and/or password, whether your password is used on our Service or a third-party service. If you become aware of any security breach or unauthorized use of your account, you must notify us immediately.You are prohibited from using a username that belongs to someone else or an entity unless you have the appropriate authorization. Additionally, you may not use a username that infringes upon the rights of another person or entity, or one that is offensive, vulgar, or obscene.We reserve the right to refuse service, terminate accounts, and edit or remove content at our sole discretion.
Intellectual Property
The Service, along with its original content (excluding user-generated Content), features, and functionality, is and will remain the exclusive property of Sensy and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. The use of our trademarks and trade dress in connection with any product or service requires the prior written consent of Sensy.
Links to Other Websites
Our Service may include links to third-party websites or services that are not owned or controlled by Sensy. Sensy does not have control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not guarantee the offerings of any entities or individuals mentioned on their websites.By using our Service, you acknowledge and agree that Sensy shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you visit.
Termination
Under our sole discretion, and without prior notice or liability, we may terminate or suspend your account and restrict access to the Service for any reason, including, but not limited to, a breach of the Terms.If you wish to terminate your account, you may simply discontinue using the Service.All provisions of the Terms that, by their nature, should survive termination will continue to be in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to defend, indemnify, and hold harmless Sensy, its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, including attorney's fees, arising from:a) your use and access of the Service, whether by you or any person using your account and password;b) a breach of these Terms; orc) any content posted on the Service.
Limitation of Liability
In no event shall Sensy, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:(i) your access to or use of, or inability to access or use the Service;(ii) any conduct or content of any third party on the Service;(iii) any content obtained from the Service; or(iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance Sensy, its subsidiaries, affiliates, and licensors do not warrant that:(a) the Service will function uninterrupted, secure, or available at any particular time or location;(b) any errors or defects will be corrected;(c) the Service is free of viruses or other harmful components; or(d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. Therefore, the limitations and exclusions mentioned above may not apply to you.
Governing Law
These Terms shall be governed and interpreted in accordance with the laws of Delaware, United States, without giving effect to any principles of conflicts of law.If we fail to enforce any right or provision of these Terms, it will not be considered a waiver of those rights. In the event that any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions of these Terms will still remain in full force and effect. These Terms represent the complete agreement between us regarding our Service and supersede any prior agreements that may have existed between us concerning the Service.ChangesWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is significant, we will provide you with at least 30 days' notice before the new terms take effect. The determination of what constitutes a significant change will be made solely by us.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.Contact UsIf you have any questions about these Terms, please contact us via email at [email address].