Terms of Service
Sencorables LLC (“Sencorables”) designs products and tools that indicate presence of people and their movements in near real time. These Terms of Service (“Terms”) govern your use of our monitoring products, our websites, the software embedded in our devices, the connect software, our mobile applications and other services (collectively, the “Service”).
You must accept these Terms to create a Sencorables account and to use the Service. If you do not have an account, you accept these Terms by visiting www.sencorables.com, floorx.com, sencorfoors.com, sensorfloors.com, sencormats.com, sencormat.com, sensormats.com, sencorsoft.com, underx.io, floorx.io, creatingsmartspaces.com, signalmat.com and signalmats.com (individually a “Site” and collectively “Sites”) or using any part of the Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT OUR SITES OR USE THE SERVICE.
THESE TERMS MAY CHANGE OVER TIME: If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on our sites. We will notify you by email, through the Service, or by presenting you with new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Service after a modification is posted, you are telling us that you accept the modified terms.
COPYRIGHT POLICY: At Sencorables, we respect the intellectual property rights of others and expect our users to do the same. For further details please refer to our Copyright policy.
SUBMISSIONS AND FEEDBACK POLICY: At Sencorables, we are always please to hear from you, however we would like to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear like an idea submitted by you. We therefore kindly ask you not to submit any such unsolicited ideas in any form to Sencorables LLC (“Sencorables”) or any of its employees. For further details please refer to our Submission and Feedback policy.
CONNECT TO THE SERVICE: You may connect to the Service using a device that is manufactured, distributed, or sold by or on behalf of Sencorables; the Sencorables mobile applications; the Sencorables Connect software; approved third-party applications; or its websites (“Authorized Connections”). You may not connect to the Service with any device that is not manufactured, distributed, or sold by or on behalf of Sencorables (such as a knock off or counterfeit version of a Sencorables Product); otherwise intends to resemble or purports to be a Sencorables Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact us.
CREATING AN ACCOUNT: Full use of the Service requires that you create an account by answering a number of questions and by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. Sencorables is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. We may need to contact you about your use of the Service. These communications are part of the Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
NECESSARY EQUIPMENT: Full use of the Service is dependent upon your use of a computer with adequate software or a supported mobile device, WiFi and Internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.
SENCORABLES' RIGHTS: Sencorables’ content includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service to you. Except for Your Content, Sencorables Content, the Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
THE SERVICE: Sencorables grants you a limited, non-exclusive, non-transferable, non-sub licensable license to (1) access and view the Sencorables Content, (2) access and use the software and mobile applications provided by the Service, and (3) use the software that is embedded into Sencorables’ products as authorized in these Terms. This license is provided solely for use of the Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sencorables Content, Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sencorables except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Service: (1) use, display, mirror or frame the Service or any individual element within the Service, Sencorables’ name, any Sencorables trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sencorables’ express written consent; (2) access or tamper with non-public areas of the Service, Sencorables’ computer systems, or the technical delivery systems of Sencorables’ providers; (3) test the vulnerability of any Sencorables system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Sencorables or any of Sencorables’ providers or any other third party (including another user) to protect the Service or Sencorables Content; (5) access the Service or Sencorables Content through the use of any mechanism other than through the use of an Authorized Connection, Service or Sencorables API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Sencorables provides to you or any other part of the Service.
OUR ENFORCEMENT RIGHTS: We are not obligated to monitor access or use of the Service, Sencorables Content, or Your Content or to review or edit any Sencorables Content or Your Content, but we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Service, any Sencorables Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Sencorables Content, Your Content, or your use of the Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Service.
ALERTS AND NOTIFICATIONS: As part of your use of the Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
THIRD PARTY LINKS: The Service may contain links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Sencorables’ control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
CHANGES TO SERVICE: Sencorables may change or discontinue, temporarily or permanently, any feature or component of the Service at any time without notice. Sencorables is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Service. We reserve the right to determine the timing and content of software and firmware updates, which may be automatically downloaded and installed by Sencorables products without prior notice to you.
TERMINATION: We reserve the right to deactivate your account at our sole discretion, at any time and without notice or liability to you, if you violate these Terms. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Sencorables. Upon any termination, discontinuation or cancellation of the Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Service; Sencorables’ Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
DISCLAIMERS: THE SERVICE AND SENCORABLES CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service or Sencorables’ Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Service or any Sencorables Content. You acknowledge and agree that if you rely on any Sencorables Content or the Service, you do so solely at your own risk.
Indemnity: You will indemnify and hold harmless Sencorables and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation of Liability: NEITHER SENCORABLES, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENCORABLES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IN NO EVENT WILL SENCORABLES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO SENCORABLES FOR USE OF SERVICE SIX MONTHS PRIOR TO THE DAMAGES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENCORABLES AND YOU.
DISPUTE RESOLUTION: You agree that any dispute between you and Sencorables arising out of or relating to these Terms of Service or any other Sencorables products or services (collectively, “Disputes”) will be governed by our arbitration procedure. For further details please refer to our Dispute resolution.
GENERAL PROVISIONS: Without Sencorables’ express prior written consent, you may not assign or transfer these Terms, or any order accepted by Sencorables hereunder, in whole or in part, by operation of law or otherwise. Any attempt to do so will be null and of no effect. Sencorables may freely assign these Terms.
The failure by Sencorables to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the complete and exclusive agreement between Sencorables and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party.
All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; and (iii) one (1) business day after proof of delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.
Sencorables will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
ADDITIONAL TERMS MAY APPLY: Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.