PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE SENSOPIA SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SENSOPIA.

 

Sensopia and You acknowledge that this Agreement is concluded between Sensopia and You only, and that Apple is not a party to this Agreement.

 

1. ACCEPTANCE AND DEFINITIONS
In order for You to use the Sensopia Software, You must first agree to this license Agreement. If You do not or cannot agree to this license Agreement, You are not permitted to use the Sensopia Software. Do not download or use the Sensopia Software in that case.
You accept and agree to the terms of this license Agreement on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative, by accessing, using or downloading the Sensopia Software.

When capitalized in this Agreement,
Agreement” means this software license agreement.
Apple” means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A.
Documentation” means all operating instructions and user, installation, set-up, configuration, training, and support manuals provided from time to time to You, whether prepared by Sensopia and/or its suppliers and/or its licensors or otherwise, in any form or medium whatsoever, as corrected, fixed, repaired, improved, modified, refined, upgraded, updated, or enhanced from time to time.
Device” means the iPhone, iPad or iPod hardware device or any other electronic device that runs the Android operating system developped by Google on which the Sensopia Software is installed.
Intellectual Property Rights” means all right, title and interest, including without limitation all copyright, patent, trade secret, trademarks, service marks, database rights, trade names, design rights and other intellectual property and proprietary rights, whether or not registered, and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.
Device OS Product” means an Apple-branded product that runs the iOS operating system software developped by Apple or any other electronic device that runs the Android operating system developped by Google.
ITunes Store Service” means an electronic store owned and/or controlled by Apple or an affiliate of Apple that permits You to purchase or rent (as applicable) a license for downloads of digital content—such as sound recordings, videos (including movies and television shows), software, and ring tones — under certain terms and conditions.
Sensopia” means Technologies Sensopia INC., a Canadian corporation having its principal office at Suite #410, 194 Saint Paul Ouest, Montréal, Qc, H2Y 1Z8, Canada.
Sensopia Data” means data generated by the Sensopia Software including without limitations as the case maybe photos, dimensions, room information, room aggregation information, room and floor plans.
Sensopia Software” means MagicPlan, MagicMeasure or Stanley Floor Plan applications and other software product developed by Sensopia including the Documentation.
Trademarks” means Sensopia, Sensopia’s logo and any other trademarks, logos or service marks published at sensopia.com.
You” and “Your” means and refers to the person(s) or legal entity using the Sensopia Software or otherwise exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company (including Affiliates), organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refers to such entity or organization as well.
Updates” means all modifications to the Sensopia Software including, but not limited to, bug fixes, patches, upgrades, new versions and updates to the relevant documentation and made available by Sensopia.

 

2. LICENSE GRANTS
Subject to the terms and conditions of this Agreement, Sensopia hereby grants to You a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable, license to:
(a) install and use one (1) copy of the Sensopia Software on a Device OS Product that You own or control;
(b) utilize the Sensopia Data for a non-commercial purpose unless otherwise authorized in accordance with section 6.
(c) use the Documentation only and solely as a reference for understanding the functionality of the Sensopia Software.

 

3. LICENSE RESTRICTIONS AND OBLIGATIONS
Except as permitted under this Agreement, You shall not, nor shall You assist or permit another to:
(a) use, reproduce, modify, create derivative works of, compile, or distribute the Sensopia Software (or any derivative works thereof);
(b) transfer, assign, rent, resell, sub-license, host on a website or sever, adapt, translate or convert to another programming language the Sensopia Software (or any derivative works thereof);
(c) reverse engineer, decompile, recompile, or disassemble, or otherwise attempt to discover or derive any portion of the Sensopia Software or otherwise seek to discover, develop or modify the Sensopia Software;
(d) remove, alter, modify or bypass any authorization codes required to activate the Sensopia Software;
(e) develop separate software applications of any kind derived from the Sensopia Software or any part or component thereof;
(f) remove, alter, modify any trademark or watermark on the Sensopia Data;
(g) rent, sell, or use for a commercial purpose, the Sensopia Data unless otherwise authorized in accordance with section 6;
(h) transfer or export the Sensopia Data outside of Your Device without using the functionalities explicitly offered by the Sensopia Software for such transfer or export. Without limitation, capturing or taking a picture of Your Device screen displaying the Sensopia Data or the Sensopia Software is strictly forbidden and constitutes a material breach to this Agreement;
(i) use any trademarks, logos or service marks belonging to Sensopia. If You make reference to any Sensopia products or technology or use Sensopia’s trademarks, You agree to comply with the published guidelines at sensopia.com, as modified by Sensopia from time to time.

 

4. NO UPDATES, NO SUPPORT OR MAINTENANCE
Sensopia shall not be obligated to provide You with any Updates to the Sensopia Software. If Updates are made available, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. Sensopia is not obligated to provide any maintenance, technical or other support for the Sensopia Software. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sensopia Software.

 

5. YOUR OBLIGATIONS
You represent to Sensopia and agree that:
(a) You have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement;
(b) You will comply with the terms of and fulfill Your obligations under this Agreement;
(c) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with the Sensopia Software including without limitation any cost You incur to access the Sensopia Software from Your Device;
(d) You will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Agreement;
(e) You will only use the Sensopia Software for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations;
(f) You will not use the Sensopia Software for any unlawful or illegal activity;
(g) To the best of Your knowledge and belief, Your use of Sensopia Software do not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other Intellectual Property Rights;
(h) You will not, directly or indirectly, commit any act intended to interfere with the Sensopia Software, the intent of this Agreement, or Sensopia’s business;
(i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties.

 

6. PURCHASES
Sensopia Data can be transferred or exported in order to be accessed outside of Your Device.
Those exports as well as other services or other features of the Sensopia Software can be purchased on Sensopia web site at sensopia.com or via authorized partners of Sensopia. Prices, specific payment terms and terms of service will be made available to you at the time of purchase. Those services will be governed by additional terms.
When You confirm a transaction, You agree to be bound by and pay for that transaction. All sales are final. Your total price may include taxes and fees, which You are responsible for paying.
Once you have completed a transaction you may utilize the Sensopia Data for commercial and public purposes.
If You order something that becomes unavailable before it can be provided to You, Your only remedy is to receive a refund of Your purchase price.
Sensopia may change its fees at any time.

 

7. CONSENT TO USE OF DATA, ADVERTISING
To improve Sensopia Software, You agree that Sensopia may collect, use, store and transmit non-personally identifiable information that identifies Your Device, operating system, application software, peripheral hardware and usage statistics. Sensopia may use this information in the aggregate, in a form that does not personally identifies You to improve their products and services and may share anonymous aggregate data with their third party service providers. All data is collected, used, stored and transmitted in accordance with Sensopia’s Privacy Policy located at sensopia.com.

 

Sensopia reserves the right to deliver advertising to You in conjunction with Your use of the Sensopia Software and utilize the processor bandwidth and storage on Your Device for this purpose. Advertising may be contextual and may be sent to You based on Your location or use of Sensopia Software.

 

8. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You acknowledge that the Sensopia Software and Trademarks are proprietary to Sensopia and/or its licensors, and that Sensopia and/or its licensors own all right, title and interest in and to the Intellectual Property Rights therein. Except for the licenses expressly granted herein, You acquire no right, title or interest in or to the Sensopia Software, improvements on or derivative works thereof, and Sensopia reserves all rights not expressly granted.

 

You agree not remove, deface or obscure any copyright notice, trademark notice or legends or proprietary legends in or on the Sensopia Software.

 

You may provide to Sensopia reasonable suggestions, comments and other feedback with respect to the Sensopia Software and/or Documentation (“Feedback”). You grant Sensopia, under all of Your Intellectual Property Rights, the following worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights: (1) to make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Sensopia product, technology, service, specification or documentation; (2) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

 

You agree to cooperate with Sensopia to maintain Sensopia’s ownership of the Sensopia Software. You shall promptly notify Sensopia of any actual or suspected unauthorized use of Sensopia’s Intellectual Property Rights and, to the extent that You become aware of any claims relating to the Sensopia Software, You agree to use reasonable efforts to promptly provide notice of any such claims to Sensopia.
You acknowledge that You have no right of action against Sensopia in respect of any claim that the possession, use, development, modification or maintenance of the Sensopia Software infringes any of Your Intellectual Property Rights.

 

9. PRODUCT CLAIMS
Apple shall not be responsible for addressing any claims by You or any third party relating Your possession and/or use of that Sensopia Software, including, but not limited to: (a) product liability claims; (b) any claim that the Sensopia Software fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation and; (d) claims that the Sensopia Software or Your possession and use of that Sensopia Software infringes third party’s Intellectual Property Rights.

 

10. DISCLAIMER OF WARRANTY
The Sensopia Software may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SENSOPIA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SENSOPIA SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SENSOPIA AND ITS LICENSORS MAKE AND YOU RECEIVE NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SENSOPIA SOFTWARE AND ITS FUNCTIONALITY IN THE DOCUMENTATION OR ANY COMMUNICATION CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SENSOPIA AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SENSOPIA AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE SENSOPIA SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

 

11. LIMITATION OF LIABILITY
In the event of any failure of the Sensopia Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Sensopia Software to You. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SENSOPIA SOFTWARE.
IN NO EVENT SHALL SENSOPIA OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION, OR COST OF COVER. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF SENSOPIA OR ITS LICENSORS FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SENSOPIA SOFTWARE, DOCUMENTATION, OR THIS AGREEMENT EXCEED ONE CANADIAN DOLLAR (1.00 CAD). THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF SENSOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
SENSOPIA SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SENSOPIA SOFTWARE. YOU ARE SOLELY REPONSIBLE FOR SAFEGUARDING THE SENSOPIA SOFTWARE.
SOME JURIDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF SENSOPIA WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

12. INDEMNIFICATION BY YOU
You shall indemnify, defend and hold harmless Sensopia, its directors, officers, employees, independent contractors and agents from any and all third party claims, damages, losses, liabilities, costs and expenses including, without limitation, attorneys fees and court costs (collectively, “Losses“) arising out of or in connection with (a) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement and (b) Your use of the Sensopia Software.

 

13. EFFECTIVE DATE AND TERMINATION
This Agreement shall be effective as of Your download of the Sensopia Software.
Your rights under this Agreement will terminate immediately and automatically, without any notice to You, upon (a) Your failure to comply with any of the terms and conditions of this Agreement; (b) the termination by Apple, for any reason, of Your agreement with Apple regarding the ITunes Store Service or (c) Your disposal of the Sensopia Software.
Promptly upon termination, You shall cease to use the Sensopia Software and Trademarks and destroy all electronic and physical copies of the Sensopia Software in Your possession or control. Termination of this Agreement will not limit any of Sensopia’s rights or remedies at law or in equity. Termination shall not entitle You to any refund.
Sections 3, 5, 7, 8, 9, 10, 11, 12, 14 and 15 will survive expiration or termination of this Agreement for any reason.

 

14. NOTICES
All notices to Sensopia, permitted or required under this Agreement, shall in writing and sent to: Sensopia INC., Suite #410, 194 Saint Paul Ouest, Montréal, Qc, H2Y 1Z8, Canada, With a copy emailed to legal@sensopia.com.
Notices shall be delivered as follows with notice deemed given as indicated: (a) by overnight courier upon written verification of receipt; or (b) by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Address used shall be the one first set forth above or such other address in accordance with the legal guidelines located at sensopia.com. All notices to Sensopia will be addressed to the attention of the Legal Department.

 

15. GENERAL
This Agreement constitutes the entire agreement between the parties and supersedes any other previous or contemporaneous communications, agreements, representations, or advertising with respect to the Sensopia Software.
Sensopia reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on Your use of the Sensopia Software. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately upon release on sensopia.com and incorporated into this Agreement. Your continued use of the Sensopia Software will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
This Agreement will be construed, governed and interpreted in accordance with the laws, but not the rules relating to the choice of law, of Québec. Your use of the Sensopia Software may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sensopia or relating in any way to Your use of the Sensopia Software resides in the courts of the State of Québec. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. No action, regardless of form, arising out of or relating to this Agreement may be brought by You more than two (2) years after the cause of action has occurred.
You may not assign this Agreement or any rights hereunder without the prior consent of Sensopia and any purported assignment by You shall be void. Sensopia may freely assign this Agreement in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without Your prior consent.
Sensopia’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the other provisions will remain in full force and effect. Sensopia will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and shall be written in the English language

 

Last updated: June 9, 2016

PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE SENSOPIA SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SENSOPIA.

 

Sensopia and You acknowledge that this Agreement is concluded between Sensopia and You only, and that Apple is not a party to this Agreement.

 

1. ACCEPTANCE AND DEFINITIONS
In order for You to use the Sensopia Software, You must first agree to this license Agreement. If You do not or cannot agree to this license Agreement, You are not permitted to use the Sensopia Software. Do not download or use the Sensopia Software in that case.
You accept and agree to the terms of this license Agreement on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative, by accessing, using or downloading the Sensopia Software.

When capitalized in this Agreement,
Agreement” means this software license agreement.
Apple” means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A.
Device” means the iPhone, iPad or iPod hardware device on which the Sensopia Software is installed.
Device OS Product” means an Apple-branded product that runs the iPhone or iPod operating system software provided by Apple.
Documentation” means all operating instructions and user, installation, set-up, configuration, training, and support manuals provided from time to time to You, whether prepared by Sensopia and/or its suppliers and/or its licensors or otherwise, in any form or medium whatsoever, as corrected, fixed, repaired, improved, modified, refined, upgraded, updated, or enhanced from time to time.
Export” means a transfer or export of the Sensopia Data outside of Your Device.
Intellectual Property Rights” means all right, title and interest, including without limitation all copyright, patent, trade secret, trademarks, service marks, database rights, trade names, design rights and other intellectual property and proprietary rights, whether or not registered, and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.
ITunes Store Service” means an electronic store owned and/or controlled by Apple or an affiliate of Apple that permits You to purchase or rent (as applicable) a license for downloads of digital content—such as sound recordings, videos (including movies and television shows), software, and ring tones — under certain terms and conditions.
Report” means the files presenting the Sensopia Data in various formats that are generated on a server controlled by Sensopia when You Export.
Sensopia” means Technologies Sensopia INC., a Canadian corporation having its principal office at Suite #410, 194 Saint Paul Ouest, Montréal, Qc, H2Y 1Z8, Canada.
Sensopia Data” means data generated by the Sensopia Software including without limitations room information, room aggregation information and floor plans.
Sensopia Software” means the product developed by Sensopia consisting of the software and Documentation and made available to You via the ITunes Store Service.
Trademarks” means Sensopia, Sensopia’s logo and any other trademarks, logos or service marks published at sensopia.com.
Updates” means all modifications to the Sensopia Software including, but not limited to, bug fixes, patches, upgrades, new versions and updates to the relevant documentation and made available by Sensopia.
You” and “Your” means and refers to the person(s) or legal entity using the Sensopia Software or otherwise exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company (including Affiliates), organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refers to such entity or organization as well.

 

2. LICENSE GRANTS
Subject to the terms and conditions of this Agreement, Sensopia hereby grants to You a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable, license to:
(a) install and use one (1) copy of the Sensopia Software on a Device OS Product that You own or control as permitted by and subject to the Apple’s terms of service;
(b) utilize the Sensopia Data for a non-commercial purpose unless otherwise authorized in accordance with section 6.
(c) use the Documentation only and solely as a reference for understanding the functionality of the Sensopia Software.

 

3. LICENSE RESTRICTIONS AND OBLIGATIONS
Except as permitted under this Agreement, You shall not, nor shall You assist or permit another to:
(a) use, reproduce, modify, create derivative works of, compile, or distribute the Sensopia Software (or any derivative works thereof);
(b) transfer, assign, rent, resell, sub-license, host on a website or sever, adapt, translate or convert to another programming language the Sensopia Software (or any derivative works thereof);
(c) reverse engineer, decompile, recompile, or disassemble, or otherwise attempt to discover or derive any portion of the Sensopia Software or otherwise seek to discover, develop or modify the Sensopia Software;
(d) remove, alter, modify or bypass any authorization codes required to activate the Sensopia Software;
(e) develop separate software applications of any kind derived from the Sensopia Software or any part or component thereof;
(f) remove, alter, modify any trademark or watermark on the Sensopia Data;
(g) rent, sell, or use for a commercial purpose, the Sensopia Data unless otherwise authorized in accordance with section 6;
(h) transfer or export the Sensopia Data outside of Your Device without using the functionalities explicitly offered by the Sensopia Software for such transfer or export. Without limitation, capturing or taking a picture of Your Device screen displaying the Sensopia Data or the Sensopia Software is strictly forbidden and constitutes a material breach to this Agreement;
(i) use any trademarks, logos or service marks belonging to Sensopia. If You make reference to any Sensopia products or technology or use Sensopia’s trademarks, You agree to comply with the published guidelines at sensopia.com, as modified by Sensopia from time to time.

 

4. NO UPDATES, NO SUPPORT OR MAINTENANCE
Sensopia shall not be obligated to provide You with any Updates to the Sensopia Software. If Updates are made available, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. Sensopia is not obligated to provide any maintenance, technical or other support for the Sensopia Software. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sensopia Software.

 

5. YOUR OBLIGATIONS
You represent to Sensopia and agree that:
(a) You have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement;
(b) You will comply with the terms of and fulfill Your obligations under this Agreement;
(c) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with the Sensopia Software including without limitation any cost You incur to access the Sensopia Software from Your Device;
(d) You will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Agreement;
(e) You will only use the Sensopia Software for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations;
(f) You will not use the Sensopia Software for any unlawful or illegal activity;
(g) To the best of Your knowledge and belief, Your use of Sensopia Software do not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other Intellectual Property Rights;
(h) You will not, directly or indirectly, commit any act intended to interfere with the Sensopia Software, the intent of this Agreement, or Sensopia’s business;
(i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties.

 

6. PURCHASES
Reports can be purchased on Sensopia web site at sensopia.com or via authorized partners of Sensopia. Prices, specific payment terms and terms of service will be made available to you at the time of purchase. Those services will be governed by additional terms.
When You confirm a transaction, You agree to be bound by and pay for that transaction. All sales are final. Your total price may include taxes and fees, which You are responsible for paying.
Once you have completed a transaction you may utilize the Sensopia Data for commercial and public purposes.
If You order something that becomes unavailable before it can be provided to You, Your only remedy is to receive a refund of Your purchase price.
Sensopia may change its fees at any time.

 

7. DATA PROTECTION
Except when you Export, Sensopia may not access, collect, use, store or transmit any portion of the Sensopia Data.
When You Export, You agree that the Sensopia Data may be transferred on a server controlled by Sensopia in order to generate the corresponding Report.
Immediately after generation, this Report will be sent to You, by email, and Sensopia will delete the Sensopia Data from the server.
Sensopia agrees to:
(a) delete automatically and not store any Sensopia Data as soon as the corresponding Report is sent.
(b) use its best efforts to lower, as much as possible, the time necessary to send a Report.
(c) take reasonable precautions, including administrative, technical, and physical measures, to protect the confidentiality of the Sensopia Data, which precautions will be at least equivalent to those taken to protect Sensopia’s own confidential and proprietary information.
(d) not directly or indirectly divulge, disclose or communicate any of the Sensopia Data to any third party at any time and shall not use any Sensopia Data except in connection with performing its obligations under this Agreement.
(e) communicate to its employees in order to ensure the protection on the Sensopia Data.
You agree that, Each time you export the Sensopia Data, Sensopia is allowed to record and store the date and time at which You export.

 

8. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You acknowledge that the Sensopia Software and Trademarks are proprietary to Sensopia and/or its licensors, and that Sensopia and/or its licensors own all right, title and interest in and to the Intellectual Property Rights therein. Except for the licenses expressly granted herein, You acquire no right, title or interest in or to the Sensopia Software, improvements on or derivative works thereof, and Sensopia reserves all rights not expressly granted.
You agree not remove, deface or obscure any copyright notice, trademark notice or legends or proprietary legends in or on the Sensopia Software.
You may provide to Sensopia reasonable suggestions, comments and other feedback with respect to the Sensopia Software and/or Documentation (“Feedback“). You grant Sensopia, under all of Your Intellectual Property Rights, the following worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights: (1) to make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Sensopia product, technology, service, specification or documentation; (2) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
You agree to cooperate with Sensopia to maintain Sensopia’s ownership of the Sensopia Software. You shall promptly notify Sensopia of any actual or suspected unauthorized use of Sensopia’s Intellectual Property Rights and, to the extent that You become aware of any claims relating to the Sensopia Software, You agree to use reasonable efforts to promptly provide notice of any such claims to Sensopia.

 

9. PRODUCT CLAIMS
Apple shall not be responsible for addressing any claims by You or any third party relating Your possession and/or use of that Sensopia Software, including, but not limited to: (a) product liability claims; (b) any claim that the Sensopia Software fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation and; (d) claims that the Sensopia Software or Your possession and use of that Sensopia Software infringes third party’s Intellectual Property Rights.

 

10. DISCLAIMER OF WARRANTY
The Sensopia Software may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SENSOPIA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SENSOPIA SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SENSOPIA AND ITS LICENSORS MAKE AND YOU RECEIVE NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SENSOPIA SOFTWARE AND ITS FUNCTIONALITY IN THE DOCUMENTATION OR ANY COMMUNICATION CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SENSOPIA AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SENSOPIA AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE SENSOPIA SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

 

11. LIMITATION OF LIABILITY
In the event of any failure of the Sensopia Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Sensopia Software to You. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SENSOPIA SOFTWARE.
IN NO EVENT SHALL SENSOPIA OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION, OR COST OF COVER. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF SENSOPIA OR ITS LICENSORS FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SENSOPIA SOFTWARE, DOCUMENTATION, OR THIS AGREEMENT EXCEED ONE CANADIAN DOLLAR (1.00 CAD). THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF SENSOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
SENSOPIA SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SENSOPIA SOFTWARE. YOU ARE SOLELY REPONSIBLE FOR SAFEGUARDING THE SENSOPIA SOFTWARE.
SOME JURIDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF SENSOPIA WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

12. INDEMNIFICATION BY YOU
You shall indemnify, defend and hold harmless Sensopia, its directors, officers, employees, independent contractors and agents from any and all third party claims, damages, losses, liabilities, costs and expenses including, without limitation, attorneys fees and court costs (collectively, “Losses”) arising out of or in connection with (a) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement and (b) Your use of the Sensopia Software.

 

13. EFFECTIVE DATE AND TERMINATION
This Agreement shall be effective as of Your download of the Sensopia Software.
Your rights under this Agreement will terminate immediately and automatically, without any notice to You, upon (a) Your failure to comply with any of the terms and conditions of this Agreement; (b) the termination by Apple, for any reason, of Your agreement with Apple regarding the ITunes Store Service or (c) Your disposal of the Sensopia Software.
Promptly upon termination, You shall cease to use the Sensopia Software and Trademarks and destroy all electronic and physical copies of the Sensopia Software in Your possession or control. Termination of this Agreement will not limit any of Sensopia’s rights or remedies at law or in equity. Termination shall not entitle You to any refund.
Sections 3, 5, 8, 9, 10, 11, 12, 14 and 15 will survive expiration or termination of this Agreement for any reason.

 

14. NOTICES
All notices to Sensopia, permitted or required under this Agreement, shall in writing and sent to: Sensopia INC., Suite #410, 194 Saint Paul Ouest, Montréal, Qc, H2Y 1Z8, Canada, With a copy emailed to legal@sensopia.com.
Notices shall be delivered as follows with notice deemed given as indicated: (a) by overnight courier upon written verification of receipt; or (b) by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Address used shall be the one first set forth above or such other address in accordance with the legal guidelines located at sensopia.com. All notices to Sensopia will be addressed to the attention of the Legal Department.

 

15. GENERAL
This Agreement constitutes the entire agreement between the parties and supersedes any other previous or contemporaneous communications, agreements, representations, or advertising with respect to the Sensopia Software.
Sensopia reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on Your use of the Sensopia Software. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms“) will be effective immediately upon release on sensopia.com and incorporated into this Agreement. Your continued use of the Sensopia Software will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
This Agreement will be construed, governed and interpreted in accordance with the laws, but not the rules relating to the choice of law, of Québec. Your use of the Sensopia Software may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sensopia or relating in any way to Your use of the Sensopia Software resides in the courts of the State of Québec. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. No action, regardless of form, arising out of or relating to this Agreement may be brought by You more than two (2) years after the cause of action has occurred. You may not assign this Agreement or any rights hereunder without the prior consent of Sensopia and any purported assignment by You shall be void. Sensopia may freely assign this Agreement in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without Your prior consent.
Sensopia’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the other provisions will remain in full force and effect. Sensopia will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and shall be written in the English language only.
Les parties confirment leur volonté expresse de voir le présent contrat et tous les documents s’y rattachant être rédigés en anglais.

 

Last updated: June 9, 2016

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE PUBLISHING YOUR CONTENT. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SENSOPIA.

 

1. ACCEPTANCE AND DEFINITIONS
Sensopia provides its service to You, subject to the following Terms of Service.
By using or accessing the Sensopia Service, You accept and agree to this Terms Of Service on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative.

 

When capitalized in this Terms Of Service,
Content” means anything, facts, information, data made available to others via the Sensopia Service including without limitations, photos, floor plans, address and comments. The Content excludes the Presentation Code.
Intellectual Property Rights” means all right, title and interest, including without limitation all copyright, patent, trade secret, trademarks, service marks, database rights, trade names, design rights and other intellectual property and proprietary rights, whether or not registered, and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.
Presentation Code” means the code in machine-readable language such as html or Javascript developed or generated by Sensopia and its licensors to present the Content via the Sensopia Service.
Publishing“, “Publish” and “Publication” means the export of the Content, via the Sensopia Software, onto a server owned or controlled by Sensopia or its licensors, in whatever format (including without limitation pdf, jpeg or web page).
Sensopia” means Technologies Sensopia INC., a Canadian corporation having its principal office at Suite #410, 194 Saint Paul Ouest, Montréal, Qc, H2Y 1Z8, Canada.
Sensopia Software” means the software products including their updates and documentation developed by Sensopia to produce Content while using an electronic device running the iOS operating system developped by Apple or the Android operating system developped by Google.
Sensopia Service” means the features and services, including the Publishing of Your Content, Sensopia makes available through its website at sensopia.com, any other Sensopia branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) or any third party server or site. Some of the features and services may only be accessible via a subscription or a payment.
Terms Of Service” means this agreement.
You” and “Your” means and refers to the person(s) or legal entity using the Sensopia Software or otherwise exercising rights under this Terms Of Service. If You are entering into this Terms Of Service on behalf of Your company (including Affiliates), organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refers to such entity or organization as well.

 

2. SHARING YOUR CONTENT AND INFORMATION
Subject to the terms and conditions of this Terms Of Service, Sensopia hereby grants to You a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable, license to Publish and share Content using the Sensopia Service.
You own all of the Content You Publish and You control whether You want to Publish it or not.
For Content that is covered by Intellectual Property Rights, like photos, images and videos (“IP Content“), You grant Sensopia a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display any IP Content that You Publish (“IP License“). This IP License ends when You delete Your IP Content unless Your Content has been shared with others, and they have not deleted it.
You irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity in the Content You submit.
When You delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, You understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
When You Publish, it means that You are allowing everyone to access and use the Content You Publish.
You consent to having Your Content transferred to and processed in the United States, Ireland or Singapore.

 

3. LIMITATIONS
You acknowledge that Sensopia may establish general practices and limits concerning use of the Sensopia Service, including without limitation the maximum number of days that Your Content will be retained by the Sensopia Service, the maximum disk space and data that will be allotted on Sensopia’s or Sensopia licensors’ servers on Your behalf, the maximum number of times (and the maximum duration for which) You may access the Sensopia Service in a given period of time or the formats in which your Content will be Published.
You agree that Sensopia has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Sensopia Service. You acknowledge that Sensopia reserves the right to log off accounts that are inactive for a certain period of time as determined by Sensopia. You further acknowledge that Sensopia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Subject to this Terms Of Service, You may subscribe or purchase through the Sensopia Service or via Sensopia’s partners a service in order to have Your Content Published in some specific formats including without limitations PDF, JPEG, DXF and CSV by the Sensopia Service for a specific period. You acknowledge that, when you unsubscribe, such service ends.

 

4. SAFETY
Sensopia does its best to keep Sensopia Service safe, but cannot guarantee it. Sensopia needs Your help to do that, which includes the following commitments:
(a) You will not upload viruses or other malicious code;
(b) You will not Publish Content that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
(c) You will not use the Sensopia Service to do anything unlawful, misleading, malicious, or discriminatory;
(d) You will not facilitate or encourage any violations of this Terms Of Service;
(e) You will not send or otherwise post unauthorized commercial communications (such as spam) via the Sensopia Service;
(f) You will not do anything that could disable, overburden, or impair the proper working of the Sensopia Service, such as a denial of service attack;
(g) You will not use the Sensopia Service if You are under thirteen years old;
(h) You will not Publish Content or take any action using the Sensopia Service that infringes or violates someone else’s rights or otherwise violates the law;
(i) You agree that Sensopia, in its sole discretion, can remove, refuse or move any Content or information You Publish;
(j) You will not manipulate identifiers in order to disguise the origin of any Content transmitted through the Sensopia Service.

 

5. YOUR OBLIGATIONS
You represent to Sensopia and agree that:
(a) You have the right and authority to enter into this Terms Of Service on Your own behalf, or if You are entering into this Terms Of Service on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Terms Of Service;
(b) You will comply with the terms of and fulfill Your obligations under this Terms Of Service;
(c) You will provide true, accurate, current and complete information about yourself as prompted by the Sensopia Service’s registration form and You will maintain and update the Registration Data to keep it true, accurate, current and complete;
(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with Your use of the Sensopia Service including without limitation any cost You incur from Your smart phone carrier or internet service provider to send information or access the Sensopia Service;
(e) You will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Terms Of Service;
(f) You will only use the Sensopia Service for the purposes and in the manner expressly permitted by this Terms Of Service and in accordance with all applicable laws and regulations;
(g) To the best of Your knowledge and belief, Your Content does not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other Intellectual Property Rights;
(h) You will not, directly or indirectly, commit any act intended to interfere with the Sensopia Software, the intent of this Terms Of Service, or Sensopia’s business;
(i) You will not export, copy, transfer, modify, translate or convert to another programming language the Presentation Code or develop derivative code from the Presentation Code or otherwise use the Presentation Code outside of the Sensopia Service or any authorized partners;
(j) During Your first Publication, You will create an account with Your email as Your account I.D. You understand and agree that You are solely responsible for maintaining the confidentiality of Your account and are fully responsible for all activities that occur under Your account. You agree to immediately notify Sensopia of any unauthorized use of Your account or any other breach of security.

 

6. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You acknowledge that the Sensopia Software, the Sensopia Service and Sensopia’s copyrights or trademarks are proprietary to Sensopia and/or its licensors, and that Sensopia and/or its licensors own all right, title and interest in and to the Intellectual Property Rights therein. Sensopia reserves all rights not expressly granted.
You agree not remove, deface or obscure any copyright notice, trademark notice or legends or proprietary legends in or on the Content that You Publish.
You may provide to Sensopia reasonable suggestions, comments and other feedback with respect to the Sensopia Software, the Content and/or the Sensopia Service (“Feedback“). You grant Sensopia, under all of Your Intellectual Property Rights, the following worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights: (1) to make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Sensopia product, technology, service, specification or documentation; (2) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

 

7. PAYMENTS
If You make a payment on Sensopia, You agree to our Payments Terms as available at sensopia.com.

 

8. ADVERTISEMENTS
You agree that Sensopia may deliver advertising via the Sensopia Service. You understand that Sensopia may not always identify paid services and communications as such. You also understand and agree that the Sensopia Service may include certain communications from Sensopia and that You cannot opt out of receiving them.

 

9. DISCLAIMER OF WARRANTY
You, and not Sensopia, are entirely responsible for all Content that You upload, post, email, transmit, or otherwise make available via the Sensopia Service. Sensopia does not control the Content posted via the Sensopia Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Sensopia Service, You may be exposed to Content that is offensive, indecent or objectionable.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SENSOPIA SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SENSOPIA SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SENSOPIA AND ITS LICENSORS MAKE AND YOU RECEIVE NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SENSOPIA SERVICE AND ITS FEATURES OR ANY COMMUNICATION CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SENSOPIA AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, DAMAGE OR LOSS OF DATA, SATISFACTORY QUALITY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SENSOPIA AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE SENSOPIA SERVICE WILL BE SAFE, SECURE, UNINTERRUPTED OR ERROR FREE.

 

10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL SENSOPIA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KING INCURRED AS A RESULT OF THE USE OF OR THE RELIANCE UPON ANY CONTENT.
IN NO EVENT SHALL SENSOPIA OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION, OR COST OF COVER. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF SENSOPIA OR ITS LICENSORS FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SENSOPIA SERVICE OR THIS TERMS OF SERVICE EXCEED ONE CANADIAN DOLLAR (1.00 CAD). THE LIMITATIONS OF LIABILITY IN THIS SECTION 7 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF SENSOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

 

11. INDEMNIFICATION BY YOU
You shall indemnify, defend and hold harmless Sensopia, its directors, officers, employees, independent contractors and agents from any and all third party claims, damages, losses, liabilities, costs and expenses including, without limitation, attorneys fees and court costs (collectively, “Losses”) arising out of or in connection with (a) Your breach of any certification, covenant, obligation, representation or warranty in this Terms Of Service and (b) Your use of the Sensopia Service.

 

12. EFFECTIVE DATE AND TERMINATION
This Terms Of Service shall be effective as of You first Publish using the Sensopia Service.
Your rights under this Terms Of Service will terminate immediately and automatically, without any notice to You, if (a) You fail to comply with any of the terms and conditions of this Terms Of Service or otherwise create risk or possible legal exposure for Sensopia; (b) You delete the Content You have Published.
You agree that Sensopia, in its sole discretion, may terminate, with or without notice, Your account or Your use of the Sensopia Service, and remove and discard any Content within the Sensopia Service, for any reason, including, without limitation, (a) lack of use, (b) as a result of Your relationship with a partner of Sensopia, (c) if Sensopia believes that You have violated or acted inconsistently with the letter or spirit of the Terms Of Service, (d) requests by law enforcement or other government agencies, (e) a request by You (self-initiated account deletions), (f) discontinuance or material modification to the Sensopia Service (or any part thereof), (g) unexpected technical or security issues or problems, (h) in compliance with legal process; (i) if You have or we believe You have engaged in illegal activities, including without limitation, fraud, and/or (j) nonpayment of any fees owed by You in connection with the Sensopia Service.
Termination shall not entitle You to any refund. Sections 2,4,5,6,9,10,11 et 12 will survive expiration or termination of this Terms Of Service for any reason.

 

13. NOTICES
All notices to Sensopia, permitted or required under this Terms Of Service, shall in writing and sent to: Sensopia INC., Suite #410, 194 Saint Paul Ouest, Montréal, Qc, H2Y 1Z8, Canada; with a copy emailed to legal@sensopia.com.
Notices shall be delivered as follows with notice deemed given as indicated: (a) by overnight courier upon written verification of receipt; or (b) by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Address used shall be the one first set forth above or such other address in accordance with the legal guidelines located at sensopia.com. All notices to Sensopia will be addressed to the attention of the Legal Department.

 

14. GENERAL
This Terms Of Service constitutes the entire agreement between the parties and supersedes any other previous or contemporaneous communications, agreements, representations, or advertising with respect to the Sensopia Service.
Sensopia reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Terms Of Service and to impose new or additional rules, policies, terms, or conditions on Your use of the Sensopia Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms Of Service as “Additional Terms“) will be effective immediately upon release on sensopia.com and incorporated into this Terms Of Service. Your continued use of the Sensopia Service will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Terms Of Service by this reference.
This Terms Of Service will be construed, governed and interpreted in accordance with the laws, but not the rules relating to the choice of law, of Quebec. Your use of the Sensopia Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sensopia or relating in any way to Your use of the Sensopia Service resides in the courts of the state of Quebec. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Terms Of Service. No action, regardless of form, arising out of or relating to this Terms Of Service may be brought by You more than two (2) years after the cause of action has occurred.
You may not assign this Terms Of Service or any rights hereunder without the prior consent of Sensopia and any purported assignment by You shall be void. Sensopia may freely assign this Terms Of Service in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without Your prior consent.
Sensopia’s failure to enforce any right or provisions in this Terms Of Service will not constitute a waiver of such provision, or any other provision of this Terms Of Service.
If any provision of this Terms Of Service is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the other provisions will remain in full force and effect. Sensopia will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The parties hereto confirm that it is their wish that this Terms Of Service, as well as other documents relating hereto, including notices, have been and shall be written in the English language only. Les parties confirment leur volonte expresse de voir le present contrat et tous les documents s’y rattachant etre rediges en anglais.

 

Last updated: May 28, 2014

When You make payments through the Sensopia Service, You agree to these Payments Terms.

 

1. DEFINITIONS
When capitalized in this agreement,
Payment Terms” means this agreement.
Sensopia“means Technologies Sensopia INC., a Canadian corporation having its principal office at Suite #410, 194 Saint Paul Ouest, Montréal, Qc, H2Y 1Z8, Canada.
Sensopia Service” means the features and services Sensopia makes available through its website at sensopia.com and any other Sensopia branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
Terms Of Service” means terms of service that governs Your use or access to the Sensopia Service.
You” and “Your” means and refers to the person(s) or legal entity using the Sensopia Software or otherwise exercising rights under this Payment Terms. If You are entering into this Payment Terms on behalf of Your company (including Affiliates), organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refers to such entity or organization as well.

 

2. MAKING PURCHASES
When You confirm a transaction, You agree to be bound by and pay for that transaction. All sales are final.
Your total price may include taxes and fees, which You are responsible for paying.
If You order something that becomes unavailable before it can be provided to You, Your only remedy is to receive a refund of Your purchase price.
You may be presented with additional terms related to a specific purchase before You confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
Even though Sensopia uses terms like “purchase”, “buy”, “sell”, and “order” to talk about transactions related to virtual goods, Sensopia does not transfer an ownership interest in those items. Your license to use the Sensopia Service is for a limited period, not sold.

 

3. PAYMENT SOURCES
You are allowed to make payments using a number of different payment sources, like credit cards, or Paypal. We reserve the right to refuse a credit card for any reason.
When You provide a payment source to Sensopia, You confirm that You are permitted to use that payment source. You also authorize Sensopia to collect and store transaction information.
When You make a payment, You authorize Sensopia or its partners (and our designated payment processor) to charge the full amount to the payment source You designate for the transaction.
If You pay by credit card, Sensopia may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. Sensopia will bill Your card at the time of purchase or shortly thereafter. If You cancel a transaction before completion, that pre-approval may result in Your funds not otherwise being immediately available.

 

4. SAFETY
Sensopia may make any inquiries that it considers necessary, either directly or through third parties, concerning Your identity and creditworthiness.
If Sensopia believes a transaction violates these Payments Terms or the Terms Of Service, or may lead to financial loss, it may (a) cancel or delay the transaction; (b) limit payment sources; (c) limit Your ability to make a payment or (d) deactivate Your account.
Sensopia may contact Your payment source issuer, law enforcement, or impacted third parties and share details of any payments You are associated with if it believes doing so may prevent financial loss or a violation of law.

 

5. DISPUTES AND REVERSALS
If You believe that an unauthorized or otherwise problematic transaction has taken place, You agree to notify Sensopia immediately so that Sensopia may take action to prevent financial loss.
To the fullest extent permitted by law, You waive all claims against Sensopia related to payments unless You submit the claim to Sensopia within 30 days after the charge.
You are responsible for and agree to reimburse Sensopia for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by Sensopia (including costs and related expenses) that were caused by or arising out of payments that You authorized or accepted.
Your only remedy for a technical failure or interruption of service is to request that Your transaction be completed at a later time.

 

6. NOTICES AND AMENDMENTS
We may provide notices to You by sending them to an email address that you previously provided to us. Email notices shall be considered received by You within 24 hours of the time sent.
All notices to Sensopia, permitted or required under this Agreement, shall in writing and sent to: Sensopia INC., Suite #410, 194 Saint Paul Ouest, Montréal, Qc, H2Y 1Z8, Canada; with a copy emailed to legal@sensopia.com.
Notices to Sensopia shall be delivered as follows with notice deemed given as indicated: (a) by overnight courier upon written verification of receipt; or (b) by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Address used shall be the one first set forth above or such other address in accordance with the legal guidelines located at sensopia.com. All notices to Sensopia will be addressed to the attention of the Legal Department.
The Payment Terms in place at the time you confirm a transaction will govern that transaction.
Sensopia may change these Payment Terms, in whole or in part. All amendments to these Payment Terms will be made pursuant to Section 13 of the Terms Of Services.

 

7. OTHER
All of the commitments You make in the Terms Of Service apply to payments through the Sensopia Service. In the event of any conflict between these Payments Terms and the Terms Of Services, the Payments Terms shall prevail.
To make payments for the Sensopia Service, you must be at least 18 years old.
Some countries may restrict or prohibit Your ability to make payments through the Sensopia Service. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and shall be written in the English language only.
Les parties confirment leur volonte expresse de voir le present contrat et tous les documents s’y rattachant etre rediges en anglais.

 

Last updated: June 9, 2016

COLLECTION AND USE OF PERSONAL INFORMATION
Your privacy is important to Sensopia Inc. Sensopia’s Privacy Policy explains how Sensopia collects, uses, discloses, transfers, and stores your information.
Personal information is data that can be used to uniquely identify or contact a single person and that is not otherwise publicly available.
You may be asked to provide your personal information anytime you are in contact with Sensopia. Sensopia may use it consistent with this Privacy Policy. Sensopia may also combine it with other information to provide and improve its products, services, content, and advertising.
Sensopia does not collect personal information without you being aware of such collection.
You may voluntarily give Sensopia access to personal information when you:
– Use our customer support;
– Purchase a product or service;
– Download a software update;
– Participate in an online survey or in a forum;
– Use a Sensopia’s product (for example when you decide to publish on the web some of your personal information);
– Visit web pages from Sensopia.
When you give Sensopia access to your personal information, Sensopia may collect a variety of information, including your name, address, phone number or email address.
Sensopia may use your personal information to:
– Keep you posted on Sensopia’s latest product announcements, software updates, and upcoming events;
– Improve Sensopia’s products and services content;
– Ensure proper functioning of Sensopia’s products and services;
– Better understand the behavior and preferences of Sensopia’s customers;
– Enforce Sensopia’s licensing terms;
– Serve advertising.
If you don’t want to be on our mailing list, you can contact us anytime at legal@sensopia.com.

 

COLLECTION AND USE OF NON-PERSONAL INFORMATION
Sensopia may also collect non-personal information data in a form that does not permit direct association with any specific individual. Non-personnal information includes gender, zip code, information about your software, operating system, mobile device, including device IDs. Sensopia may also collect other non-personal information such as feature usage, statistics, achievements, click paths as well as other data that you may provide in surveys.
Sensopia collects non-personal information along with personal information when you actively provide it in the context of various online and mobile activities, including product use and marketing surveys, for instance. In addition, Sensopia may passively collect non-personal information via its own analytic metrics tools or other third party analytics technologies when you use Sensopia’s products.
Sensopia may collect, use, transfer, and disclose non-personal information for any purpose.
If Sensopia combines non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

 

DISCLOSURE TO THIRD PARTIES
If you are using the Stanley Floor Plan application, Sensopia may share your personnal information with Stanley Black & Decker, Inc. and Stanley Logistics, L.L.C., each having a place of business at 1000 Stanley Drive, New Britain, CT 06053, United States. Stanley Black & Decker, Inc. and Stanley Logistics, L.L.C. may use your personal information to:
– Improve Stanley’s’ products and services content;
– Ensure proper functioning of Stanley’s’ products and services;
– Better understand the behavior and preferences of Stanley’s customers.
Sensopia will not share your personal information with third parties except as mentioned in the above paragraph, or when we have your consent, or to provide products or services you’ve requested. Sensopia may, however, share anonymous data in the aggregate (in a form that does not personally identify you) with third parties.
In the event of a merger, acquisition, or bankruptcy, management of Sensopia customer information may be transferred to its successor or assign regardless of age.
Sensopia may also disclose personal information to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when Sensopia has reason to believe that a disclosure is necessary to address potential or actual injury or interference with its rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when Sensopia believe that disclosure is necessary to protect its rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Sensopia.

 

PROTECTION OF PERSONAL INFORMATION
Sensopia takes precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
To make sure your personal information is secure, Sensopia communicates its privacy and security guidelines to its employees.

 

INTEGRITY AND RETENTION OF PERSONAL INFORMATION
You can correct, update or request deletion of your personal information at any time by sending an email to legal@sensopia.com. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are impractical, or for which access is not otherwise required by local law. Sensopia will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

 

CHILDREN
We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13 we will delete the information as soon as possible.

 

LOCATION-BASED SERVICES
To provide location-based services, Sensopia and its partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your mobile device. This location data is collected anonymously in a form that does not personally identify you and is used by Sensopia and its partners and licensees to provide and improve their products and services.

 

QUESTIONS
If you have questions or concerns about Sensopia’s Privacy Policy or data processing, please contact us at legal@sensopia.com. Sensopia may update its Privacy Policy from time to time.

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