Terms of Service
SENSFLO, INC.
TERMS OF SERVICE AND CONDITIONS OF USE
Late Updated: April 23, 2024
Terms
This website is owned and operated by SENSFLO, INC., a California limited liability company with its principal address as 5850 Canoga Avenue, Suite 400, Woodland Hills, CA 91367 (hereinafter, “SENSFLO”). SENSFLO provides website features and other products and services to you when you visit this website, use SENSFLO products and services, use SENSFLO applications, or use software or hardware provided by SENSFLO in connection with any of the foregoing (hereinafter, collectively, “SENSFLO Services”). SENSFLO provides the SENSFLO Services subject to the following conditions.
By accessing this website, you hereby agree to be bound by this website’s Terms of Service and Conditions of Use (hereinafter, the “Terms”). Please read them carefully. Additionally, by using this website and SENSFLO Services you furthermore agree that you are responsible for compliance with any applicable local laws. If you do not agree to be bound by these Terms, you are prohibited from using or accessing this website or accessing the SENSFLO Services. The material and content contained in this website are protected by applicable copyright and trademark law.
Privacy
Please review our “Privacy Policy,” which also governs your use of SENSFLO Services, to understand our practices.
Electronic Communications
When you use any SENSFLO Services, or send e-mails to us, you are communicating with us electronically. In doing so, you hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other SENSFLO Services. 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.
Copyright
All content included in or made available through any SENSFLO Service, such as text, graphic, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of SENSFLO or its content suppliers or subcontractors and protected by United States and international copyright laws. The compilation of all content included in or made available through any SENSFLO Service is the exclusive property of SENSFLO and protected by U.S. and international copyright laws.
Use License and Access
Subject to your compliance with these Terms and your payment of any applicable fees, SENSFLO or its content providers grant you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and make personal and non-commercial use of the SENSFLO Services. This license does not include any resale or commercial use of any SENSFLO Service, or its contents; any collection and use of any product listing or descriptions, where applicable; any derivative use of any SENSFLO Service or its contents; or any use of data mining, robots, or similar data gathering or extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by SENSFLO or its licensors, suppliers, publishers, rightsholders, or other content providers. No SENSFLO Service, nor any part of any SENSFLO Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SENSFLO. You may not frame or utilize framing techniques to enclose any logo or proprietary information (including images, text, page layout, or form) of SENSFLO without express written consent. You may not use any meta tags or any other “hidden text” utilizing SENSFLO’s name or copyrighted material without the express written consent of SENSFLO. You may not misuse the SENSFLO Services. You may use the SENSFLO Services only as permitted by law. The licenses granted by SENSFLO terminate if you do not comply with these Terms.
Your Account
If you use any SENSFLO Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
SENSFLO Hardware Policy
As a customer of SENSFLO, you may purchase or otherwise be provided hardware (hereinafter “SENSFLO Hardware”) as part of your subscription to SENSFLO’s software as a service (“SaaS”) service. Please review the following policy carefully.
Hardware Deposit: Prior to the delivery of SENSFLO Hardware, you are required to either: (i) a refundable cash deposit of an amount specified by SENSFLO; or (ii) authorization granted to SENSFLO to hold a pre-authorization on a valid credit card for an equivalent amount.
Subscription Cancellation and Return of SENSFLO Hardware: If you cancel your SaaS subscription, you remain obligated to return the SENSFLO Hardware to SENSFLO in the same condition as received, normal wear and tear excepted within thirty (30) calendar days following the cancellation of the subscription. Upon return, the SENSFLO Hardware will be inspected by SENSFLO. If the SENSFLO Hardware is damaged beyond normal wear and tear, SENSFLO reserves the right to charge you for the cost of repair or replacement.
Non-Return Fee: If the SENSFLO Hardware is not returned within the specified thirty (30)-day period, SENSFLO is authorized to: (i) retain the full amount of the cash deposit; or (ii) charge the full amount held as pre-authorization on the customer’s credit card. The non-return fee will be equivalent to the current market value of the SENSFLO Hardware, or the cost specified at the time of the subscription initiation, whichever is greater.
Dispute Resolution: See below.
Policy Changes: SENSFLO reserves the right to modify this Hardware Policy at any time. Changes will be communicated to all active customers in a timely manner.
Acknowledgment: By accepting the SENSFLO Hardware, you acknowledge and agree to all terms and conditions outlined in this Hardware Policy.
Disclaimer
The SENSFLO Services and all information, content, materials, products (including software and hardware) and other services included on or otherwise made available to you through the SENSFLO Services are provided by SENSFLO on an “As is” and “as available” basis, unless otherwise specified in writing. SENSFLO makes no representations or warranties of any kind, express or implied, as to the operation of the SENSFLO Services, or the information, content, materials, products (including software and hardware) or other services included on or otherwise made available to you through the SENSFLO Services, unless otherwise specified in writing. You expressly agree that your use of the SENSFLO Services is at your sole risk.
To the fullest extent permissible by applicable law, SENSFLO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SENSFLO does not warrant that the SENSFLO Services, information, content, materials, products (including software and hardware) or other services included on or otherwise made available to you through the SENSFLO Services, SENSFLO’s servers or electronic communications sent from SENSFLO are free of viruses or other harmful components. SENSFLO will not be liable for any damages of any kind arising from the use of any SENSFLO Service, or from any information, content, materials, products (including software and hardware) or other services included on or otherwise made available to you through any SENSFLO Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Revisions and Errata
The materials appearing on this site may include technical, typographical, or photographic errors. SENSFLO does not warrant that any of the materials on its website are accurate, complete, or current. SENSFLO may make changes to the materials contained on its website at any time without notice. SENSFLO does not, however, make any commitment to update the materials.
Links
SENSFLO has not reviewed all of the sites linked this site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SENSFLO of the site. Use of any such linked web site is at your own risk.
Site Terms of Use Modifications
SENSFLO may revise these terms of use for this site at any time without notice. By using this site, you are agreeing to be bound by the then current version of these Terms. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Disputes
Any dispute or claim relating in any way to your use of any SENSFLO Service, or to any products or services sold or distributed by SENSFLO or through this site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Yenchi Chang, 18136 Oxnard Street, Unit 41, Tarzana, California 91356. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, SENSFLO will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law
By using any SENSFLO Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and SENSFLO.
Privacy Policy
The privacy policy can be found here under SensFlo Privacy Policy.
