SENS.AI TERMS OF SALE
2. SENS.AI AUTHORIZED PARTNERS
SENS.AI may collaborate with certain brands (collectively, the “SENS.AI Authorized Partners”) to offer the capability to integrate certain SENS.AI Products into certain other products offered by the SENS.AI Authorized Partners. We will identify the SENS.AI Authorized Partners and any products associated therewith in the Store.
All Products offered on the Store and via an Authorized Reseller are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice. To the extent permitted under applicable laws, we make no representations, warranties, or conditions as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through the Store or via an Authorized Reseller. Such information and the availability of any Product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see on the Store will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
Prices are stated in the applicable currency based on your selected location. Your total price for Products will include the price of the Products in your order plus any applicable sales tax and shipping charges and import duties, less any discounts offered. We reserve the right to change prices at any time, but changes will not affect any order for Products you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. In the event that a Product is listed at an incorrect price on the Store due to a typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid.
Terms. Any payment terms presented to you in the process of purchasing your Products are deemed part of these Terms of Sale and are incorporated herein by reference. For all orders, SENS.AI calculates and charges sales tax in accordance with applicable laws. By providing a credit card or other payment method accepted by SENS.AI, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our Payment Processor (as defined below)) 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 payment problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account at https://sens.ai/login/ and editing your payment information. Billing. We may collect payments for the Products from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account selected by you at checkout or linked to your Account. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Sale. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Product, you agree to pay us, either directly or through a Payment Processor, all amounts for the applicable order in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due for your order and/or on your Account upon demand.
6. RESALE AND TITLE TRANSFER
Purchases made on the Store or via an Authorized Reseller are intended for end users only and are not authorized for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by SENS.AI to the freight carrier, but SENS.AI and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you. Title for Products purchased from an Authorized Reseller passes to the purchaser at the time of purchase.
7. SHIPPING AND DELIVERY
For purchases made on the Store, our delivery charges and methods are as described on our website. The estimated arrival or delivery date is not a guaranteed delivery date for your order, and you agree that we are not liable for late deliveries. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
8. RETURNS FOR REFUND
Our Thirty (30) Return Policy for SENS.AI Products. If you are unhappy or unsatisfied with your SENS.AI Device, SENS.AI will accept all undamaged returns within thirty (30) days of receipt of your SENS.AI Device. SENS.AI will refund the Device Purchase Price. The Purchaser must cover the cost of shipping to return the applicable Product(s).
To initiate a return for Products purchased from the Store, please visit https://support.sens.ai/support/home and submit a request. SENS.AI reserves the right to reject the return if the product is worn or used. In this case, the purchaser will not receive a refund. If you purchased Products or accessories from an Authorized Reseller, you must return the initial purchase to the original point of sale for a refund, subject to the Authorized Reseller’s return policy. SENS.AI will not at any time issue a refund for Product purchases made from an Authorized Reseller or any other third-party retailer or any other third-party marketplace. Once a SENS.AI Device is returned, we reserve the right to refurbish the SENS.AI Device for sale or for the SENS.AI Device to be sold as a replacement SENS.AI Device.
10. WARRANTIES AND DISCLAIMERS
EXCEPT FOR THE LIMITED WARRANTIES LISTED BELOW, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STORE, AND ALL PRODUCTS, SERVICES, AND CONTENT AVAILABLE ON THE STORE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. You use any and all Products at your own discretion and risk. You will be solely responsible for (and SENS.AI disclaims) any and all loss, liability, or damages resulting from your use of a Product, including damage or loss to your Product, and any other peripherals, accessories, or apparel connected to the Product. The Limited Warranties described below do not apply to third-party products, peripheral, accessories, or apparel that may be sold. For warranty issues related to those products, please contact that manufacturer.
One-Year Limited Hardware Warranty SENS.AI Headset.
SENS.AI warrants that your SENS.AI Device and accessories are free from defects in materials or workmanship for a period of One Year. If your SENS.AI Device or accessories is defective during the Warranty Period, SENS.AI will provide the necessary replacement, subject to the conditions below, at no additional charge. SENS.AI is not responsible to repair or replace your SENS.AI Device or accessories if you violate this Warranty. This Warranty is non-transferable. To be eligible for the Warranty, you must: – Have a valid Payment Method on file should a restocking fee of $50 (or the international price equivalent) be charged (as SENS.AI is currently unable to process Payment Methods over the telephone); and – Have purchased the device directly from SENS.AI or SENS.AI-approved partners. THIS LIFETIME WARRANTY DOES NOT COVER – Lost SENS.AI Devices(s) and accessories; – Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by SENS.AI; – Damage or failure due to accident, acts of God, unauthorized commercial use, abuse, neglect, theft, unusual atmospheric conditions; – Cosmetic damage; – Any unauthorized modification to the SENS.AI Device or accessories; – Attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the SENS.AI Device or SENS.AI accessories; or – Any alteration of the factory model name and/or serial number. This Warranty gives the purchaser specific legal rights. You may also have other rights which vary from state to state that may result in the change of this Warranty. SENS.AI PROVIDES THE SERVICES FOR YOU TO EXPERIENCE WELLNESS SESSIONS AND TRACK WELLNESS-RELATED INFORMATION. THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES, WHETHER PROVIDED BY SENS.AI OR THIRD PARTIES, DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR (I) ADVICE FROM YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS, OR ANY DIAGNOSIS OR TREATMENT OR (II) A VISIT, CALL OR CONSULTATION WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS. THE SERVICES DO NOT AND ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES, OR COMMUNICATION WITH US VIA THE INTERNET, E-MAIL OR OTHER MEANS, DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP. IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. YOU SHOULD ALWAYS CONSULT A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL PRIOR TO BEGINNING OR MODIFYING ANY DIET, EXERCISE, CONSULTATIONS, OR TRAINING PROGRAM. YOU AGREE THAT YOUR EXERCISE ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT PAID FOR A PARTICULAR PRODUCT, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE A USER FROM NEW JERSEY, SECTION 10 (WARRANTIES AND DISCLAIMERS) AND SECTION 12 (LIMITATION OF LIABILITY) ARE INTENDED TO BE, AND ARE, ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PROVISION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THE APPLICABLE SECTIONS.
12. DATA PROTECTION
13. ELECTRONIC COMMUNICATIONS
You are communicating with SENS.AI electronically when you use the Store, use our App, or send an email to SENS.AI. 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 through the Store, we collect and store your email address. From that point forward, your email address is used to send you information about our products and services unless you opt-out of such emails.
SENS.AI 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 Account, hard copy, or posting of such notice on the SENS.AI website. SENS.AI is not responsible for any automatic filtering you or your network provider may apply to email notifications. SENS.AI recommends that you add @SENS.AI URLs to your email address book to help ensure you receive email notifications from SENS.AI. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted.
15. FORCE MAJEURE
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.
16. PROTECTION OF CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS
Notwithstanding anything contained herein, SENS.AI may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
These Terms of Sale, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction, provided such assignment does not affect your rights under these Terms of Sale. These Terms of Sale will inure to the benefit of our successors and permitted assigns.
If any provision of these Terms of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Sale, which shall remain in full force and effect.
The obligations in Sections 10 through 23 will survive any expiration or termination of these Terms of Sale.
Failure by us to act on or enforce any provision of these Terms of Sale shall not be construed as a waiver of that provision or any other provision in these Terms of Sale. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
21. EXPORT CONTROLS
You will not export or re-export, directly or indirectly, the products or services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, Canadian and U.S. export control laws and regulations.
22. GOVERNING LAW AND JURISDICTION
These Terms of Sale are governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the provincial and federal courts sitting in the Province of British Columbia.
23. ADDITIONAL TERMS
Additional terms may apply to certain Products. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control.