To register to use the Service, You must provide current, accurate and complete account information and keep this information up to date for the duration of your use of the Service. You agree that you are solely responsible for all use of the Service by your account whether you authorized said activities or not. It is your responsibility to safeguard your account credentials and password.
You agree to pay all accrued Service charges when they are due. If you cancel your account, you are still responsible to pay charges accrued at the time of cancellation. All fees are non-refundable and non-transferable. Fees are in USD and shall be paid in full, exclusive of all taxes, levies, duties or tariffs for which you shall be solely responsible (excepting Washington State sales tax if applicable).
SenseDeep may revise prices at anytime without notice. New pricing will take effect from the start of the next billing period.
You have the right to terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your only right and remedy with respect to any dispute with SenseDeep. This includes, but is not limited to, any dispute related to, or arising out of (a) any term of the TOU or SenseDeep's enforcement or application of the TOU; (b) any policy or practice of SenseDeep, including the Privacy Statement, or SenseDeep's enforcement or application of these policies; (c) the content available through the Service; or (d) your ability to access and use the Service.
SenseDeep may terminate or cancel your account at any time without prior notice or limitation at SenseDeep's sole discretion. All provisions which by their nature survive termination shall remain in force after termination.
You may use the Service solely for your internal business purposes. You may not sell, resell, rent or lease access to the Service. You further agree that you will not:
- Use the Service in any manner other than as expressly authorized in the TOU.
- Access or use Service data unlawfully.
- Reverse engineer any part of the Service.
- Probe, scan or test the vulnerability of the Service or any Service infrastructure.
- Modify the Service or PowerDown software in any way.
- Reproduce, duplicate, copy, sell, resell, rent or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- Violate any local, state, or national law through or on the Service.
- Collect or store data about other people using the Service.
- Interfere or attempt to interfere with the proper working of the Service.
- Take any action that imposes an unreasonable large load on the of the Service.
- Copy content from the Service for distribution.
- Impersonate any person, including a SenseDeep employee or agent on the Service.
- Transmit data that violates any third party property rights.
- Harass people through or on the Service.
SenseDeep, in its sole discretion, may terminate your account without notice, for any reason, including, without limitation, if SenseDeep believes that you have violated or acted inconsistently with the TOU. SenseDeep will not be liable to you for termination of your account.
The Service is owned by SenseDeep LLC and is protected by international copyright, trademark and other laws. SenseDeep owns all right, title and interest in the Service. You will not remove or obscure any trademark, copyright or service mark for the Service.
By using the Service, you agree to grant to SenseDeep a non-exclusive, worldwide, transferable, sublicensable, royalty-free license to use, copy, modify, demonstrate, distribute, promote, rent and reproduce the "Data" you provide for the purposes of providing You with the Service.
SenseDeep grants you a limited, non-transferable, non-sublicensable license to use the Service and view Your account data. You may not further use, copy, modify, create derivative works, distribute, sublicense, sell, rent, lease, transfer, display or perform or otherwise exploit the Service except as explicitly permitted in the TOU.
SenseDeep will retain your account data for a period of time and may impose limits on the amount of historical account data that is stored. You agree that SenseDeep is not responsible or liable for the failure to store user data.
The Service connects to and utilizes the services of your cloud providers to provide the Service. Such use will incur fees that will be billed to your cloud provider account for which you are solely responsible.
You will indemnify and hold SenseDeep, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made directly or indirectly by you or any third party due to or arising out of your use of the Service, the Service's use of your cloud provider account, your violation of the TOU, or your violation of any rights of a third party through the Service.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SENSEDEEP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENSEDEEP OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
SENSEDEEP, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SENSEDEEP HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL SENSEDEEP's TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO SENSEDEEP UNDER THIS AGREEMENT (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).
The TOU and the relationship between you and SenseDeep will be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You and SenseDeep agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington. The failure of SenseDeep to exercise or enforce any right or provision of the TOU will not constitute a waiver of the right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the other provisions of the TOU will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one year after the claim or cause of action arose or be forever barred.
SenseDeep may provide any notices to you pursuant to the TOU through email, regular mail, or by displaying notices or links on the Service. The TOU constitutes the entire agreement between you and SenseDeep and governs your use of the Service, superseding any prior agreements between you and SenseDeep. You may not assign or transfer your rights via the TOU without the express written permission of SenseDeep.
The Service may provide links to third party web sites. SenseDeep has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, advertising, products, or other materials available from these sites. SenseDeep will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available on or through these sites.
The Service is intended solely for persons who are at least 13 years of age. By accessing or using the Service, you warrant that you are 13 or older.
We welcome feedback, suggestions and comments to SenseDeep. If you provide such to SenseDeep in any form: (a) you automatically grant to SenseDeep a perpetual, irrevocable, transferable, royalty-free license including all necessary intellectual property rights to use, copy, modify and create derivative works based upon your feedback for any purpose without any compensation to you.
SenseDeep® is a registered trademark of SenseDeep LLC. PowerDown™ is a trademark of SenseDeep LLC. You must not display or use any SenseDeep marks in any manner without SenseDeeps's written permission.
Last revised March 20, 2018.
Version 1.1.3. Generated at 15:47:43 Apr 19, 2019.