TERMS & CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE SENSIBO WEBSITES, THE SENSIBO PRODUCTS AND SERVICES OWNED AND OPERATED BY SENSIBO INC., A COMPANY BASED IN DELAWARE, UNITED STATES OR ITS PARENT COMPANY ("SENSIBO"). BY USING THIS SITE YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING USE OF THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE, PRODUCTS OR SERVICES.
Sensibo reserves the right to make changes to the Sensibo website, Sensibo products and Sensibo services (collectively “The Products”) and to these terms and conditions at any time. Your continued use of this site, the products and services will constitute your acceptance of any new or amended terms and conditions.
RESTRICTIONS ON USE
The audio and visual information, documentation, data, software, products, services, material and related graphics available on the Sensibo site, products and services ("Materials") are provided by Sensibo. The Materials contained on the site, products and services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Sensibo alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Materials.
Sensibo grants you permission to display, download or print portions of the Materials appearing on The Products solely for informational and non-commercial use or to place an order with Sensibo, provided that you do not modify, reproduce, edit, distribute, display or make any other use of the Materials, in any form or by any means without Sensibo's prior written consent and provided further that you retain all copyright and proprietary notices as they appear in such Materials. The permission granted to you herein shall terminate if you breach any of these terms and conditions. Unauthorised use of any of these Materials is expressly prohibited by law, and may result in civil and criminal penalties.
You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Sensibo or any third party referenced in the Materials. You agree to use The Products and the Materials accessible via The Products only for lawful purposes. You may not use robots, crawlers or similar applications to collect and compile content from The Products, for the purposes of competing with any services or products provided by Sensibo, or in such ways that might impair or disrupt the site’s or The Products’ functionality.
WARRANTIES AND DISCLAIMERS
This Products and the Materials and products on the site and The Products are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sensibo disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of any third party intellectual property right. Sensibo does not represent or warrant that the functions contained in The Products will be uninterrupted or error-free, that the defects will be corrected, or that The Products or the servers that make The Products available are free of viruses or other harmful components. Sensibo does not make any warranties or representations regarding the use of the Materials in The Products in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall Sensibo be liable for any damages whatsoever, including but not limited to, indirect, special, incidental or consequential damages, whether in an action of contract, negligence or other tortious action resulting from use of, or the inability to use, The Products or arising out of the use or performance of the Materials available on The Products, regardless of whether Sensibo or an authorised Sensibo representative has been advised of the possibility of such damages. In the event that, notwithstanding the foregoing, Sensibo is found liable to any user of The Products for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of Sensibo to you arising in connection with these terms and conditions shall be limited to the amount paid for The Products in the twelve (12) months prior to the accrual of the applicable claim.
SPECIFIC NOTICE REGARDING LINKS TO THIRD PARTY WEBSITES
The trademarks, service marks and logos used and displayed on The Products are registered and unregistered trademarks and service marks of Sensibo and others. All other registered and unregistered trademarks used on The Products are the property of their respective owners. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Sensibo trademark, service mark or logo used or displayed on The Products without the prior express written permission of Sensibo. When used with Sensibo's permission, all trademarks must be identified as trademarks of Sensibo using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications.
Sensibo and third parties on its behalf use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure. Despite these measures, you should know that Sensibo cannot fully eliminate security risks guaranteeing that the services will be immune from any wrongdoings, malfunctions, unlawful interceptions or unauthorised access to the information stored therein and to other information security risks. When you place orders or access your personal information, Sensibo offers the use of a secure server. All sensitive information you supply is transmitted via Secure Socket Layer (SSL) technology, ensuring that your data is safe and secure.
These terms and conditions are applicable to you upon your accessing The Products and/or completing the purchase order. These terms and conditions, or any part of them, may be terminated by Sensibo without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability and Jurisdiction and Governing Law, shall survive any termination.
Sensibo may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sensibo.
JURISDICTION AND GOVERNING LAW
These terms and conditions shall be exclusively governed by the laws of the State of New York, United States without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in New York, United States. You agree to waive all defences of lack of personal jurisdiction and forum convenience and agree that due process may be served in a manner authorised by applicable law or court rule.
All requests for further information or for permission to reproduce any portions of the Materials in addition to the permission granted above should be directed to: firstname.lastname@example.org
Terms Of Sale
The following terms and conditions shall govern the order, sale and delivery of all products and services of Sensibo Inc. and/or its parent company (the “Company”) to customers ("Customers"). These standard terms and conditions may be updated by the Company from time to time. Any different, conflicting or additional terms or in any purchase order or other writing from a Customer shall be of no force or effect unless acknowledged and executed by an officer of the Company.
SUBJECT MATTER OF THE CONTRACT
The subject matter of the contract is the use of the Company's mobile software applications, web applications, the Sensibo devices, Sensibo Plus premium subscription plan and services (the "Products"). The mobile applications are made available through the various stores for mobile applications (iOS App Store, Android Play Store, etc.).
The Company's server infrastructure is the central link from the software applications to the Sensibo devices.
In order to use the full range of functions offered by the software applications of the Company, a working, always-on internet connection must be available at the place of installation. In order to use all the features of the mobile applications a mobile data connection is required. The availability and functioning of the internet connection shall be the sole responsibility of the Customer.
Orders from Customers shall be placed online through the Company's website. No order shall be final until accepted by the Company by a separate email confirming the order. After acceptance an order shall not be subject to cancellation by the customer. All sales are final. Customers are not authorized to resell any order, in whole or in part, by any means, including online or via e-commerce.
The Company reserves the right to cancel any order before it is shipped and refund the customer.
SHIPMENT, DELIVERY AND DELAYS
The Company will endeavor to ship Products available on stock, within 14 days after acceptance of orders depending on size of order and number of Products. Some products may be on a pre-order status, and will be displayed on the website as such. Such pre-order products may be shipped at the date that was declared on the website with a reasonable delay of up to 30 days after pre-order ship date.
Although the Company will make every reasonable effort to deliver by the estimated shipment date, the Company does not guarantee shipment by that date. Further, shipment may be delayed by strike, fire, act of God, transport disruptions, unavailability of materials or components, or any other circumstances not within the reasonable control of the Company that prevents delivery in the normal course of business. The Company may elect to ship partial orders.
All Products will be tendered and shipped be Ex-works (INCOTERMS 2010) unless otherwise indicated by the Company. Title to (except with respect to any and all intellectual property rights in and to any Products) and all risk of delay in shipment, loss or damage for any Products will pass to Customer upon tender by the Company of Products to the carrier.
Company will select the carrier and ship freight prepaid. Shipping and handling charges will be invoiced to the Customer. In cases where Customer, for any reason, requests deliveries of Products on a basis that is not in conformity with Company’s standard shipping procedures, Customer shall be responsible for all costs associated with premium freight and any overtime required to make deliveries in conformance with Customer’s required schedule. Customer will pay all loading charges and all taxes. Company will not be deemed to assume any liability in connection with its selection of a carrier or its failure to obtain insurance.
PAYMENT TERMS AND TAXES
The prices displayed on the website of the Company at the time of placing the order shall apply. If delivery charges are incurred, the Customer will be informed of the amount of delivery charges at the time of placing the order. All prices indicated on the website are exclusive of applicable VAT or other sales taxes.
Unless otherwise stated in Company’s invoice or agreed in writing executed by an officer of Company, payments are to be made prior to the shipment by the Company of any Products. The Company accepts the following payment methods: (i) By PayPal, or (ii) by credit card (after acceptance of such card by the Company). The payment options may vary from country to country. The Company reserves the right to contract third parties with processing for the various payment options. As a general rule, invoices shall be sent to Customers by email.
Any software portion of the Products is provided under a limited license to use only in conjunction with the applicable hardware portion of the Products and not on a stand-alone basis, and is, and shall remain, the property of the Company or of any licensor of the Company, as applicable. The license terms and conditions applicable to any software are set forth in these terms and conditions and on any software license terms document or file that may accompany the applicable Product (which is available for Customer's review upon request). Customer shall keep confidential and shall not disclose to any third party, without Company's prior written consent, any non-public information received by it from Company with regard to the Products and all other materials provided to Customer by Company. The Customer may use the applicable Product (which is available for Customer's review upon request). Customer shall keep confidential and shall not disclose to any third party, without Company's prior written consent, any non-public information received by it from Company with regard to the Products and all other materials provided to Customer by Company. The Customer may use the Products only for its own personal use and not for further distribution or resale. Customer shall not, and shall not permit or aid others to, translate, reverse engineer, decompile, disassemble, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Products and shall not remove or obscure any proprietary notices on the Products. Company and its licensors shall retain all proprietary rights of any kind to any intellectual property in and to the Products, including without limitation any modifications made to the Products whether or not on the basis of requests, suggestions or ideas of Customer.
The Company shall carry out all data processing operations (e.g., collection, processing, and transmission) in compliance with statutory requirements. The personal data supplied by the Customer, order data and operating data provided by the Sensibo Kit shall be stored electronically by the Company.
- Company warrants to Customer that, for a period of 12 months following the date of shipment to Customer (the “Warranty Period”) any hardware portion of the Product will be free of material defects in material and workmanship.
- The Company may offer extended warranties to be purchased separately.
- Customer that subscribed to an annual premium plan (“Sensibo Plus”) is eligible for an additional extended 12 months warranty for one Eligible Product under the following terms:
- Customer purchased an annual Sensibo Plus plan
- Customer did not cancel the annual Sensibo Plus plan during the free trial (i.e., Customer paid for the plan)
- The Eligible Product was first set up and connected to the internet within less than one (1) month prior to purchasing the Sensibo Plus plan.
- The Eligible Product was not installed or set up previously in case of ownership change.
- Only one device is eligible for the extended warranty (e.g., if Customer purchased 4 devices and subscribed to an annual Sensibo Plus plan and two (2) devices failed after 13 months, only one (1) device is eligible for the extended warranty).
- Eligible Product means: “Sensibo Sky” or “Sensibo Air”
- The warranty set out in sub-clause 7.1 (7.a) does not cover malfunctions, failures or defects resulting from misuse, abuse, accident, neglect, improper or inadequate maintenance, alteration, modification, improper installation or repairs by any party other than the Company.
- In the event that during the Warranty Period Customer notifies the Company in writing of a warranty claim under the above warranties then Company, at its sole option and as a sole remedy to Customer, shall either (i) supply a replacement Product; or (ii) request return of the defective Product for repair in accordance with Company's then prevailing procedures. In the event that the Company requests the return of the Product, the Customer will pay the freight for the defective Product returned to the Company. If a Product is returned for warranty service and no malfunction is found, the Customer will pay the Company the rate for testing the Product effective at the time, as well as incoming shipping charges. Each Product which is repaired or replaced pursuant hereunder shall be under warranty until the end of the remainder of the Warranty Period, or, if such failure occurs within the last month of the Warranty Period, until thirty (30) days following the end of the original Warranty Period.
THE WARRANTIES SET FORTH IN SUB-CLAUSE 7.1 (7.a) ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY THE COMPANY WITH RESPECT TO THE PRODUCTS AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OTHER THAN AS EXPRESSLY PROVIDED IN THIS CLAUSE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
These terms and conditions represent the entire agreement between the parties in respect of the subject matter herein, shall be governed exclusively by the laws of the State of New York, United States excluding its conflict of law rules (and excluding the application of U.N. Convention on Contracts for the International Sale of Goods or any other international convention or treaty) and any dispute in connection thereto shall be exclusively resolved accordance with such laws in the competent courts in New York, United States. The provisions of these terms and conditions are severable and shall be interpreted so as to be valid and enforceable to the maximum extent possible under applicable law. Any invalid or unenforceable provision shall be reformed or replaced by a valid and enforceable provision that is as similar in meaning as possible, and the remaining provisions shall remain enforceable to the fullest extent permitted by law. The waiver of any provision by a party shall not be construed as a waiver of any succeeding occurrence or any other provision, nor shall delay or omission of a party to avail itself of any right, power or privilege operate as a waiver of such right, power or privilege. Company may freely assign its rights and obligations under these terms and conditions to any third party. The Customer shall not be entitled to assign any of its rights and obligations hereunder without the prior written consent of the Company and any assignment without such prior written consent shall be null and void. the Company and any assignment without such prior written consent shall be null and void.
Last Updated: May 17th, 2022