Sense Labs, Inc. (“Sense Labs”) provides a Sense home energy monitoring service (“Sense”) for analysis of home electrical use. Depending on your configuration, Sense may run on third party supplied hardware such as a Sense-enabled electric meter (“Third Party Hardware”) or on energy monitoring hardware from Sense Labs (“Sense Hardware”). Sense is composed of (1) software embedded in Sense Hardware (“Software”), and (2) a user account and applications and services made available to you through mobile devices and/or our website ( https://sense.com) (the “Site”) (collectively, the “Service”).
These Terms & Conditions govern your use of Sense and the Site, and if applicable your purchase of Sense and of the Sense Hardware. These Terms & Conditions give you specific legal rights, and you may also have other legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms & Conditions may not apply to you.
THIS IS A LEGAL AGREEMENT. BY USING SENSE AND/OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD DISCONNECT THE SENSE HARDWARE AND CEASE USING SENSE AND/OR YOU SHOULD STOP USING THE SITE.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from Sense Labs, using Sense, or visiting the Site. Every time you order Sense Hardware, use Sense, or visit the Site, the Terms & Conditions in force at that time will apply between you and Sense Labs. If you have any questions regarding these Terms & Conditions, you can contact Sense Labs as provided herein.
Although our Site is accessible worldwide, Sense is designed and tested only for use in the United States and Canada. If you choose to install and use Sense Hardware outside the United States or Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, Sense Labs accepts no responsibility or liability for any damage or loss caused by your installation and use of Sense Hardware outside the United States or Canada.
The following terms are applicable for consumers who have purchased or received Sense Hardware. They are not applicable for consumers who are using Sense with Third Party Hardware.
(a) Hardware Limited Warranty. Sense Labs warrants that the Sense Hardware will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery following the original retail purchase (the “Hardware Warranty Period”). If the Sense Hardware fails to conform to this Hardware Limited Warranty during the Hardware Warranty Period, Sense Labs will, at its sole discretion, either (a) repair or replace any defective Sense Hardware or component; or (b) accept the return of the Sense Hardware and refund the money actually paid by the original purchaser for the Sense Hardware. Repair or replacement may be made with a new or refurbished product or components, at Sense Labs’ sole discretion. If the Sense Hardware or a component incorporated within it is no longer available, Sense Labs may, at Sense Labs’ sole discretion, replace the Sense Hardware with a similar product of similar or greater function. This is your sole and exclusive remedy for breach of this Hardware Limited Warranty. Any Sense Hardware that has either been repaired or replaced under this Hardware Limited Warranty will be covered by the terms of this Hardware Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired Sense Hardware or replacement Sense Hardware, or (b) the remaining Hardware Warranty Period. This Hardware Limited Warranty is transferable from the original purchaser to subsequent owners, but the Hardware Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
(b) Hardware Warranty Conditions. Before making a claim under this Hardware Limited Warranty, the owner of the Sense Hardware must (a) notify Sense Labs of the intention to claim by visiting https://help.sense.com/ during the Hardware Warranty Period and provide a description of the failure, and (b) comply with Sense Labs’ return shipping instructions. Sense Labs will have no warranty obligations with respect to returned Sense Hardware if it determines, in its reasonable discretion after examination of the returned Sense Hardware, that the Sense Hardware is an Ineligible Hardware (as defined below). Sense Labs will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Hardware, for which owner will bear all shipping costs.
(c) Hardware Warranty Exclusions. This Hardware Limited Warranty does not cover the following (collectively “Ineligible Hardware”): hardware marked as “Not for Sale”, Third Party Hardware, or Sense Hardware that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the Installation Guide or other instructions provided by Sense Labs; (c) abuse or misuse of the Sense Hardware; (d) breakdowns, fluctuations, or interruptions in electric power; or (e) acts of God, including, but not limited to, lightning, flood, tornado, earthquake, or hurricane. Sense Labs strongly recommends that you use only licensed electricians for installation. Unauthorized use of the Sense Hardware or Software can impair the Sense Hardware performance and may invalidate this Hardware Limited Warranty.
“Software”, as defined above, refers to the software running on the Sense Hardware or Third Party Hardware . It does not refer to the mobile client application or the web application.
(a) License. Subject to these Terms & Conditions, Sense Labs grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Software, in executable object code form only, solely on the Sense Hardware that you own or control, and solely for use in conjunction with Sense for your personal purposes. If you purchase or receive Third Party Hardware, the license to the Software will be granted to you by the third party who supplied you with the Third Party Hardware.
(b) Restrictions. You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party, (b) copy or use the Software for any purpose other than as permitted in Section 2(a), (c) use any portion of the Software on any device or computer other than the Sense Hardware, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, or (e) modify, make derivative works of, disassemble, reverse compile, reverse engineer, or unencrypt any part of the Software or communication protocols used by the Software and Service (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Sense Labs and provide Sense Labs an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Software to any third party without prior written approval of Sense Labs for each such release.
(c) Automatic Software Updates. Sense Labs may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. Your continued use of Sense is your agreement to the terms of this Section 2.
(d) Ownership. The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Sense Labs and its licensors. Sense Labs and its licensors reserve all rights in and to the Software not expressly granted to you herein. The Software (and all copies thereof) is licensed to you, not sold to you, under this Section 2. There are no implied licenses herein. All suggestions or feedback provided by you to Sense Labs with respect to the Software shall be Sense Labs’ property. Sense Labs may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Sense Labs does not waive any rights to use similar or related ideas previously known to Sense Labs, developed by its employees, or obtained from other sources.
(e) Term and Termination. The license granted hereunder is effective on the date you first purchase Sense and shall continue for as long as you own Sense, unless this license is terminated as provided herein. Sense Labs may terminate the license at any time if you fail to comply with any term(s) hereof. You may terminate the license effective immediately upon written notice to Sense Labs. Upon such termination, the license granted hereunder will terminate and you must stop all use of the Software.
(f) Limitations of Software. Sense Labs does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of Sense or any feature of them. Actual energy savings and monetary benefits vary with factors beyond Sense Labs’ control or knowledge.
(g) Confidentiality. The Software is confidential information of Sense Labs. You shall use your best efforts to preserve and protect the confidentiality of the Software at all times.
(a) Account. To use the Service, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.
(b) Access and Use of the Service. Subject to these Terms & Conditions, Sense Labs grants you a non-exclusive, right (without the right to sublicense) to access and use the Service by using the applications available on https://sense.com/app in connection with controlling and monitoring Sense. The Service includes materials that may be provided by Sense Labs or by third party licensors which are displayed or performed on the Service, including, but not limited to, text, graphics, articles, photographs, video, images, and illustrations.
(c) Ownership and Intellectual Property
(i) Sense Labs Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in Sense are owned by Sense Labs or our licensors. Your possession, access, and use of Sense, the Software, Service, and, if applicable, Sense Hardware, do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Sense Labs and its licensors reserve all rights not granted in these Terms & Conditions.
(ii) Feedback. You may choose to, or Sense Labs may invite you to submit comments, suggestions, or ideas about Sense, including how to improve Sense (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Sense Labs under any fiduciary or other obligation. Sense Labs may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Sense Labs does not waive any rights to use similar or related ideas previously known to Sense Labs, developed by its employees, or obtained from other sources. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your Feedback (including all related intellectual property rights) solely in connection Sense.
(iv) Data protection and privacy laws where you live may impose certain responsibilities on you and your use of Sense. You agree that you (and not Sense Labs) are responsible for ensuring that you comply with any applicable laws when you use Sense.
(d) Certain Restrictions. The rights granted to you in these Terms & Conditions are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, distribute, host, or otherwise commercially exploit the Service; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (iii) you agree not to access the Service in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Service or the Software; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Service or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Sense Labs; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service. Any future release, update, or other addition to functionality of the Service shall be subject to these Terms & Conditions.
(e) Security. Sense Labs uses industry best practices to ensure the integrity and security of your personal information. However, Sense Labs cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(f) Modification. Sense Labs reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Sense Labs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
(g) Agreed Usage and Limitations Of Service
(i) Intended Use of Service. The Service is intended to be accessed and used for non-time-critical information relating to Sense. While we aim for the Service to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Service is subject to sporadic interruptions and failures for a variety of reasons beyond Sense Labs’ control, including Internet connectivity, Wi-Fi intermittency and availability, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Sense Labs is not responsible for any damages allegedly caused by the failure or delay of the Service to reflect current status or notifications.
(ii) Reliability of Information. You acknowledge that the Service, including remote access and information, is not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive information in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. INFORMATION FROM SENSE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY – IT IS NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.
(iii) Temporary Suspension. The Service may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Sense Labs does not offer any specific uptime guarantee for the Service.
(iv) System Requirements. The Service will not be accessible without: (i) a working Wi-Fi network in your home that is positioned and configured to communicate reliably with the Sense Hardware or Third Party Hardware; (ii) an Account; (iii) mobile clients such as a supported phone or tablet; and (iv) other system elements that may be specified by Sense Labs. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Service may not work as described when the requirements and compatibility have not been met.
(v) Energy Savings and other Benefits. Sense Labs does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of Sense or any feature thereof. Actual energy savings and monetary benefits vary with factors beyond Sense Labs’ control or knowledge. From time to time, Sense Labs may use the Service to provide you with information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of Sense. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these recommendations are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from Sense Labs if your savings differ.
(h) Limitations Of the Service Due to Third Parties.
(i) General. The Service relies on or interoperates with third party products. These third party products and services are beyond Sense Labs’ control, but their operation may impact or be impacted by the use and reliability of the Service.
(ii) Third Party Service Providers Used By Sense Labs. You acknowledge that Sense Labs uses third party service providers to enable some aspects of the Service – such as, for example, data storage, synchronization, and communication through Amazon Web Services, and mobile device notifications through mobile operating system vendors and mobile carriers.
(iv) App Stores. You acknowledge and agree that the availability of the mobile application is dependent on the third party websites from which you download the mobile application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms & Conditions are between you and Sense Labs, and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the mobile applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms & Conditions, the more restrictive or conflicting terms and conditions in these Terms & Conditions apply.
This Return Policy is applicable for consumers who have purchased or received Sense Hardware directly from Sense Labs. It is not applicable for Third Party Hardware.
You may return the Sense Hardware for any reason within 120 days of the date of delivery following the original retail purchase from Sense Labs (the “Cancellation Period”) for a full refund of your purchase price. To do this, you must inform us of your decision within the Cancellation Period by contacting Sense Labs customer support (https://help.sense.com) and clearly stating your desire to return the Sense Hardware. Although it will not affect your right to a refund, please provide details on where and when you purchased the Sense Hardware and your reason for returning the Sense Hardware. Sense Labs customer service will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to Sense Labs so Sense Labs can identify your shipment.
To receive a refund, you must return the Sense Hardware with an RMA within the 14 days following the day on which you notify Sense Labs customer support that you desire to return the Sense Hardware. Unless the Sense Hardware is faulty or not as described, you will be responsible for all costs associated with returning the Sense Hardware to us. We will refund the price you paid for the Sense Hardware plus original delivery cost (up to the value of our ground delivery option). We may reduce the amount of your refund to reflect any reduction in the value of the Sense Hardware, as determined in our sole discretion, caused by your handling the Sense Hardware in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).
We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Sense Labs of the returned Sense Hardware. Sense Hardware is not eligible for a refund after the 120-day period. THE SENSE HARDWARE RETURN POLICY APPLIES ONLY TO PURCHASES MADE AT WWW.SENSE.COM. PURCHASES AT OTHER RETAILERS ARE SUBJECT TO THOSE RETAILERS’ RETURN POLICY. THE SENSE HARDWARE RETURN POLICY DOES NOT APPLY TO UNITS PURCHASED, RECEIVED, OR ENROLLED IN THROUGH AN AUTHORIZED SENSE PARTNER PROGRAM. PLEASE CONTACT THE APPLICABLE PARTNER PROGRAM DIRECTLY IF YOU HAVE QUESTIONS ABOUT RETURNING THE SENSE HARDWARE.
These Commercial Terms are applicable for consumers who have purchased or received Sense Hardware directly from Sense Labs. They are not applicable for Third Party Hardware.
(a) Payment. By providing a credit card or other payment method accepted by Sense Labs, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Sense Labs account, you can do so at any time by logging into your account and editing your payment information.
(b) Availability and Pricing. Sense Hardware is subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering Sense Hardware without prior notice. Prices for Sense Hardware are subject to change at any time, but changes will not affect any order for Sense Hardware you have already placed.
(c) Sales Tax. Depending on the order, Sense Labs calculates and charges sales tax in accordance with applicable laws.
(d) Title Transfer. Purchases are intended for end users only. Title to the Sense Hardware passes to the purchaser at the time of delivery by Sense Labs to the freight carrier, but Sense Labs and/or the freight carrier will be responsible for any Sense Hardware loss or damage that occurs when the Sense Hardware is in transit to you.
(e) Shipping and Delivery. Prices for Sense Hardware do not include shipping costs. Our delivery charges and methods are as described on our Site from time to time.
These Installation and Compliance terms are applicable for consumers who have purchased or received Sense Hardware. They are not applicable for Third Party Hardware.
(a) Installation. There may be laws in the jurisdiction in which you install the Sense Hardware applicable to where and how to install the Sense Hardware. You should check that you are in compliance with all relevant laws and codes in your jurisdiction. Sense Labs is not responsible for any injury or damage caused by installation. UNLESS YOU ARE A LICENSED ELECTRICIAN YOU SHOULD NOT ATTEMPT TO INSTALL THE SENSE HARDWARE. ONLY A LICENSED ELECTRICIAN SHOULD INSTALL THE SENSE HARDWARE. ELECTROCUTION, INCLUDING PERSONAL INJURY OR DEATH, AND DAMAGE OR DESTRUCTION OF PROPERTY COULD OCCUR IF THE PRODUCT IS INCORRECTLY INSTALLED.
The Sense Hardware is connected to dangerous voltages. Improper use or installation can be dangerous or even fatal. Please make sure that the installation is done by a qualified professional, and that you follow these guidelines for installation and use: (i) Have the installation done by a qualified electrician, according to local electrical codes. (ii) Do not try to open the Sense Hardware, touch any internal parts, or try to repair it without first contacting Sense Labs’ support. (iii) If you believe the Sense Hardware, CTs, or cables may have been damaged, do not try to use them. Please contact Sense Labs’ support. 4) Use the Sense Hardware only in the United States or Canada, and only with a 60Hz 120V/240V split phase system. 5) Install the Sense Hardware where it will not be exposed to direct sunlight or extremely low or high temperatures. No exposure to water. Relative Humidity < 90%; Elevation < 3000 meters; Temperature 0 – 50C.
(b) Compliance with Laws. Sense is not intended for use outside of the United States or Canada. You are responsible for complying with all applicable laws and regulations of the country for which the Sense is destined. We are not liable or responsible if you break any such law.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, SENSE AND THE SENSE HARDWARE, EXPRESSLY INCLUDING THE SOFTWARE, SERVICE AND SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND SENSE LABS AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. SENSE LABS AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT SENSE AND THE SENSE HARDWARE, EXPRESSLY INCLUDING THE SOFTWARE, SERVICE AND SITE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR ELECTRICAL SYSTEM, HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE OR PRODUCE SPECIFIC RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENSE LABS OR THOUGH SENSE SHALL CREATE ANY WARRANTY. WHEN YOU INSTALL, SETUP OR USE SENSE HARDWARE YOU MAY BE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
Sense Labs provides you information (“Product Information”) regarding the products in your home. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through Sense is not a substitute for direct access of the information in the home.
You agree to defend, indemnify and hold Sense Labs and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of Sense and/or Sense Hardware, expressly including the Software, Service and Site, (ii) your violation of these Terms & Conditions, (iii) Feedback you provide; or (iv) your violation of any law or the rights of any third party. Sense Labs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Sense Labs and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Sense Labs’ prior written consent. Sense Labs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SENSE LABS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO SENSE AND/OR SENSE HARDWARE, EXPRESSLY INCLUDING THE SOFTWARE, SERVICE AND SITE, EVEN IF SENSE LABS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SENSE LABS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO SENSE, AND/OR SENSE HARDWARE, EXPRESSLY INCLUDING THE SOFTWARE, SERVICE AND SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SENSE LABS FOR SENSE IN THE PRIOR SIX (6) MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SENSE LABS DISCLAIMS ALL LIABILITY OF ANY KIND OF SENSE LABS’ LICENSORS AND SUPPLIERS.
You are communicating with Sense Labs electronically when you use our Site or send email to Sense Labs. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order from our Site, we collect and store your email address. From that point forward, your email address is used to send you information about Sense Labs’ products and services unless you opt-out of such emails using the opt-out link in the emails.
Sense Labs may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Sense Labs account, hard copy, or posting of such notice on the Site. Sense Labs is not responsible for any automatic filtering you or your network provider may apply to email notifications.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
The obligations in Sections 1(c), 2(b), (d), (e), (g), 3(c), (d), and 5 through 17 will survive any expiration or termination of these Terms & Conditions.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
This Agreement is binding upon each parties’ respective successors and assigns.
These Terms & Conditions are governed by the laws of the Commonwealth of Massachusetts without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Middlesex County, Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes.
It is the express wish of the parties that these Terms & Conditions and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en Anglais.
Sense Labs, Inc., 485 Massachusetts Avenue, Cambridge, MA 02139 +1 (617) 844-0955
Last updated: October 30, 2023