Privacy Policy

Last update: April 1, 2017

We are committed to protecting your privacy as customers of  xSensa  Labs Inc. (a Canadian corporation with its head office in Ontario, Canada) and its affiliates (“xSensa Labs”, “xSensa” or “we”).

 Depending on the products, applications, services and programs you choose to access or participate in, xSensa may collect information.  This Privacy Policy is intended to describe how such information may and may not be collected, stored, processed, transferred, disclosed and utilized. We may, from time-to-time, change our Privacy Policy by posting a new version of our Privacy Policy on our website. We will make reasonable efforts to notify our users of any such changes when they occur.

By providing information or data to xSensa when: (i) using  online and mobile services provided by xSensa from time-to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of xSensa (collectively, the “xSensa Services”); (ii) acquiring xSensa products or services, or (iii) agreeing to  particular terms or notices (“Notice”) associated with particular xSensa Services, programs or products, you agree to the terms of this Privacy Policy and Notice and consent to the collection, use, processing, transfer, storage and disclosure of such information in accordance with the terms of this Privacy Policy and Notice, respectively.  The terms below apply unless you have agreed to the contrary through a Notice.

xSensa implements backend support for its mobile applications using Google cloud services.  xSensa takes data privacy very seriously and we strive to use current industry standard information security best practices to maintain the security of the information we collect from and on behalf of our customers. We will review these practices from time-to-time against new and emerging standards. Please review Google’s Terms of Service for Cloud  Services here https://cloud.google.com/terms/.

Types of Data Collected

Depending on which xSensa Services, programs or products you choose to access or participate in, we may collect, process and/or store one or more of the following types of data about you: a) Biometric Data, b) Personally Identifiable Information, and c) Site, Service and Application Usage Information.

Below we have defined each type of data and described our respective rights and obligations related to such data. 

Biometric Data

For the purposes of this Policy, ”Biometric Data”  is defined as:

Raw Biometric Data, that is collected by sensors in 3rd party hardware such as MindWave Mobile or BrainLink  headbands. These are raw recordings from the sensors (EEG data, commonly known as brainwaves).

And

Derived Biometric Data, that is scores or performance data that are generated as part of your use of xSensa Service. This data is generated by processing the Raw Biometric Data using xSensa proprietary algorithms. The Row Biometric data cannot be regenerated or reverse-engineered from the Derived Biometric Data.

Your Biometric Data belongs to you, and you retain, at all times, complete ownership of all your Biometric Data collected during your use of xSensa Services. 

For as long as your Biometric Data is stored as part of or as a result of your use of xSensa Services, you grant us a limited, revocable, non-exclusive license to collect, process and store that data, only so far as is required to deliver you xSensa Services.  The purpose of collecting Biometric Data is to enable services through mobile apps, such as real-time feedback, progress tracking and personalized training services.

At any time, you can choose to remove your Biometric Data from xSensa ’s possession or control.   Our contact information is set out below. We will process these requests within a reasonable amount of time.

All Raw Biometric Data generated by use of xSensa Services will be regularly taken off the cloud and saved in our company storage. The stored data will be anonymized. 

All Derived Biometric Data generated by use of xSensa Services is stored on the cloud. Constant online presence of this data is necessary for the delivery of xSensa Services.

Access to tools that link Personally Identifying information (such as email address) to Biometric Data will be available only to those personnel who we reasonably believe require access to such information to provide higher level technical support and troubleshooting services. 

 xSensa does not share, rent, or sell Biometric Data it collects to or with third parties.

Personally Identifying Information

For the purposes of this Policy, “Personally Identifying Information” is defined as:

Information that identifies you, such as your name or email address. 

You retain complete ownership of all Personally Identifying Information collected during your use of xSensa Services. 

You grant xSensa a non-exclusive, limited license to collect, process and store this data for the purpose of providing xSensa Services for as long as you continue to use them.

At any time, you may request the removal of your Personally Identifying Information from xSensa’s possession or control.  These requests will be facilitated within a reasonable period of time.  You can also request to see what Personally Identifying Information xSensa has stored on your behalf.  Our contact information is set out below.

Personally Identifiable information will only be accessible to people we believe have a relevant need for that information for the purposes of product/service development, billing, quality, delivery, and/or management of our business/operations.  For example, customer contact and service details are available to personnel involved with service delivery and support.  

If required, customer contact information may be accessible on a limited basis to 3rd party service delivery personnel from organizations with whom xSensa has engaged in a contractual relationship (which may include confidentiality agreements)   where xSensa believes such access is reasonably required to deliver xSensa products/services   (examples may include regional 3rd party hardware or software support personnel, or personnel providing repair, workshop or training services).  Other than as set forth herein, xSensa does not share, rent, or sell Personally Identifying Information it collects about you to or with third parties.

Site, Service and Application Usage Information

For the purposes of this Policy, “Site, Service and Application Usage Information” is defined as:

Information that enables xSensa to track site, service and application usage such as access date and time, the specific web and application service used, frequency and duration of access, and other users contacted or collaborated with via xSensa Services.  

Site, Service and Application Usage Information will only be accessible to people we believe have a relevant need for that information for the purposes of product/service delivery, development and maintenance, billing, quality, and/or management of our business/operations.  

Data stored on local devices

As part of the use of xSensa Services, some or your data may be temporarily stored on your local device (for example your smartphone, tablet or computer) and/or uploaded to cloud servers dedicated to xSensa services. We urge you to take measures to protect the information on your local devices, for instance via application password as well as any additional protection – such as local data encryption – optionally chosen by the user (offered on both Google® Android(™) and Apple® iOS(™) devices).   You also have the option of deleting locally stored data.

For more information on Apple IOS (iPhone / iPad) security, please see: https://www.apple.com/business/docs/iOS_Security_Guide.pdf

For more information on Google Android security, please see: http://developer.android.com/guide/faq/security.html

Voluntary Research Programs

Measuring efficiency of current algorithms and developing new algorithms for analysis of brainwave data requires intense research.  While using xSensa Services we may, from time to time, ask you to participate in research programs aimed at improving our understanding of the brain, developing new algorithms, improving our products and services, and/or advancing scientific research.

Participation in such programs is entirely voluntary, and the choice to participate will always be presented clearly. We will inform you, when presenting the choice, what types of data will be collected as part of the research program. 

Should you choose to participate in these programs, you grant xSensa the right to use your de-identified data for internal research to improve our products and services and/or develop new products and services. You also grant xSensa the right to combine your information with other information into an aggregate form, so your information no longer personally identifies you and to share such anonymized, aggregate data with specific 3rd parties of our choosing including without limitation, bona fide research organizations, scientists, investors and policy makers. 

You can choose at any time to withdraw your consent to participate in any voluntary research program. Should you withdraw your consent, your non-aggregated data will not be used in any future research or reports. However, xSensa will retain the right to any reports or aggregate data generated during your participation in the programs.

Sharing with Other Users or on Social Media

xSensa   Labs enables limited data sharing with other users or contacts via email, chat and other social media. xSensa   Labs is not responsible and liable for the privacy of information shared by you or someone else using xSensa   Labs services through your devices.

Situations Requiring the Disclosure of Data

Notwithstanding anything to the contrary, xSensa may disclose any data collected through xSensa Services if required to do so by law or in the good faith belief that such action is necessary to: (i) confirm to applicable law or comply with legal process served on xSensa or any xSensa site, (ii) protect and defend the rights or property of xSensa, or (iii) in urgent circumstances to protect the personal safety of users of xSensa, xSensa Services or the public.

Product Communications

Subject to compliance with applicable law, we may also send you product or service related communications, or invitations to participate in surveys, etc.  Participation in such communications, surveys is completely voluntary and you will always have a clear choice to agree or reject.  Also, xSensa typically includes an unsubscribe mechanism in any xSensa marketing or commercial communication, which you may use to notify us if you do not want to receive such communications.

Mergers and Acquisitions

If xSensa should merge with another company, xSensa will require, to the best of its ability, the purchasing or merging party to comply with the confidentiality and privacy requirements set forth herein respecting sensitive information collected through xSensa Services.  xSensa will make reasonable efforts to notify you of any such merger or acquisition, and any resulting changes to our Privacy Policy.

Contact

For any questions about this Privacy Policy please contact: deepwave@xsensalabs.com

 

 
 
 
 
 
 
 
 
 

EULA

Last update: November 29, 2017

Copyright (c) 2016 xSensa Labs (“xSensa”)

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, installing, downloading, opening the file package, and/or using DeepWave, FlowWave, ABC Brainwave Training, Sensaride/Memoride applications (“Software”), you, if applicable, the company or other legal entity you represent (collectively, “you“) agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this agreement.

Unless you have a different license agreement signed by xSensa your use of Software indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, xSensa grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Software in accordance with this Agreement and any other written agreement with xSensa. xSensa does not transfer the title of Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between xSensa and the purchasers or users of Software.

If you do not agree to be bound by this agreement, remove Software from your mobile device now.

2. DISTRIBUTION

Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of Software contact xSensa.

3. USER AGREEMENT

3.1 Use

Your license to use Software is limited to licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Software.

3.2 Use Restrictions

You shall use Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

 You will not (and will not allow any third party to): (a) use the Software for any purpose other than as set out in the License grant above; (b) sublicense, provide, lend, assign, sell  or distribute copies of Software ; (c) remove or alter any copyright notice or any other notices that appear on the Software, or modify or create derivative works of any Software; (d) use any Software, or allow the use, transfer, transmission, export, or re-export of any Software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations.

For the purposes of this EULA, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by xSensa from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of xSensa (collectively, the “xSensa Services”).

License Grant – Personally Identifiable User Generated Data.  For the purposes of this EULA, “Personally Identifiable User Generated Data” means User Generated Content that identities you. For example, xSensa considers your picture, name, address, phone number, email address, and EEG data (commonly known as brainwaves) as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data. You own your Personally Identifiable User Generated Data, we can’t use it without your consent. You grant to xSensa a revocable, non-exclusive, worldwide, royalty-free license,  to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use  Personally Identifiable User Generated Data  in any media now existing or developed in the future only so far as required to deliver xSensa Services and products.  You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.

License Grant Non-Personally Identifiable User Generated Data). For the purposes of this EULA, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data.  You grant to xSensa a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data  in any media now existing or developed in the future.  You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for xSensa to use such Non-Personally identifiable User Generated Content. 

Permitted Age.  xSensa Software and products are available for individuals aged 8 years or older (“Permitted Age”).  If you are of the Permitted Age or older but under the age of 18, you should review this EULA with your parent or guardian to make sure that you and your parent or guardian understand it. 

For Information Purposes Only. Content generated or found through xSensa Services, Software, or products is for informational and recreational purposes only and is not intended to replace services from your physician or other health-care provider. xSensa  is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind. 

Disclaimer.  xSensa services, products and other content such as website are not intended and should not be construed as medical treatment or advice. If the user or any other person has a medical concern, he or she should consult with an appropriately-licensed physician or other health care worker.

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Software. Nor can you create any derivative works or other works that are based upon or derived from Software in whole or in part.

xSensa’s name, logo and graphics file that represents Software shall not be used in any way to promote products developed with Software . xSensa retains sole and exclusive ownership of all right, title and interest in and to Software and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for xSensa.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend xSensa , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of xSensa’s Software.

In no event (including, without limitation, in the event of negligence) will xSensa , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Software or the use or inability to use Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence

xSensa’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by xSensa ).

3.5 Warranties

Except as expressly stated in writing, xSensa makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Province of Ontario, Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Ontario in Toronto, Ontario therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Software and destroy all copies of Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Software AS WELL.

5. CONSENT OF USE OF DATA

You agree that xSensa may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Software. xSensa may also use this information to provide notices to you which may be of use or interest to you.

You acknowledge and agree that you have read the xSensa Privacy Policy located at (or otherwise made available to you through xSensa Services) and consent to the handling and processing of your data as described in the xSensa Privacy Policy.  

 
 
 
 

Terms of Service

Last update: May 12, 2017

TERMS OF SERVICE

—-

OVERVIEW

This website is operated by xSensa Labs Inc. Throughout the site, the terms “xSensa”, “we”, “us” and “our” refer to xSensa Labs Inc. xSensa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 1 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 – PRODUCTS OR SERVICES 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 6 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 8 – PERSONAL INFORMATION

Your submission of personal information through this site is governed by our Privacy Policy, which you can review at any time here:  http://xsensalabs.com/legal/

SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall xSensa Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless xSensa Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Province of Ontario, Canada.

SECTION 17 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at deepwave@xsensalabs.com.