Last update: September 5, 2021
Privacy Policy
We are committed to protecting your privacy as customers of xSensa Labs Inc. and its affiliates (collectively referred to as “xSensa Labs”, “xSensa” or “we”).
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.
Depending on the products, applications, services and programs you choose to access or participate in, xSensa may collect information about you. 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 you of any such changes when they occur; however, the onus is on you to keep yourself informed of any changes we may make to our Privacy Policy.
By providing information or data about you to xSensa when: (i) using online and mobile services provided by xSensa, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of xSensa (collectively, the “xSensa Services”); or (ii) acquiring xSensa products or services, you agree to the terms and conditions of this Privacy Policy as it pertains to the collection, use, processing, transfer, storage, disclosure and destruction of such information in accordance with the terms of this Privacy Policy.
Unless xSensa and you agree in writing and to the contrary, as a user or purchaser of xSensa Labs products or services, you agree to the terms and conditions that are enunciated in this Privacy Policy.
Types of Data Collected
Depending on which xSensa Services, programs or products you choose to access or participate in, we may collect, use, process and/or store one or more of the following types of data about you: a) Biometric Data, Personally Identifiable Information, such as your name, date of birth, address etc. 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, 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.
All your Biometric data collected, stored and used by xSensa applications will be anonymized data. The link between your personal information, i.e., information that identifies you, and your Biometric data is only known by the dedicated staff of xSensa and only for specific purpose for which it was collected in compliance with our Privacy policy.
Your Biometric Data belongs to you. At any time you can instruct xSensa to stop using and destroy your Biometric data. xSensa will process your requests to remove your Biometric Data within a reasonable amount of time.
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.
For your information, all anonymized Biometric Data, both Raw and Derived, generated by the use of xSensa Services is stored and protected using Google Cloud Services. Constant online presence of this data is necessary for the delivery of xSensa Services. We recommend that you review Google’s Terms of Service for Cloud Services here https://cloud.google.com/terms/.
From time to time, xSensa applications will de-identify your biometric data. The process of de-identification removes any ways and means of linking your Biometric Data to your identity. De-identified Biometric Data is the sole property of xSensa. xSensa in its sole discretion can use this de-identified data solely or in conjunction with other third parties to carry out the work of xSensa.
De-identified data from multiple users may be aggregated for the purpose of conducting research. The primary purpose of aggregated data research is to gain an overall better understanding of the connection between physiology, neurocognitive, psychometric and demographic data; the aim of which is to enhance xSensa’s ongoing research and our services to you the user.
Personally Identifying InformationFor 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 to you. From time to time and in order to advance its research and quality of services to you xSensa may anonymize your personally identifiable information for that limited research. However, under no circumstance will xSensa carry out this research without your prior consent. You reserve the right as a user to instruct xSensa to destroy your Personally Identifying Information. In the absence of this instruction, xSensa may anonymise and de-anonymize your Personally Identifying Information for research purposes.
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.
Personally Identifying information will only be accessible to individuals and entities carrying on work for or the business of xSensa Lab. The business of xSensa Lab includes but is not limited to: product development, billing, quality control, delivery, and/or management of our business/operations, customer contact and service details.
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, marketing and/or management of our business/operations.
Data stored on local devices
As part of the use of xSensa Services, some of your anonymized data, specifically anonymized Biometric and anonymized Service and Application Usage data may be temporarily stored on your local device (for example your smartphone, tablet or computer). 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. These data protection options are available on 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
Voluntary Research Programs
Measuring efficiency of current algorithms and developing new algorithms for analysis of brainwave data requires intense research. 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 to you prior to your Personally Identifying Information or your Biometric Information being used in our research. We will inform you, when presenting the choice, what types of data will be collected and used as part of the research program(s).
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 de-identified, 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 MediaxSensa Labs is not responsible, and neither is it liable for information shared by you or anyone else having used xSensa services; through any vehicle or means (including all forms of social media).
Situations Requiring the Disclosure of DataNotwithstanding 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) conform to applicable law or comply with legal process served on xSensa or any xSensa site, (ii) to 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 such participation. 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: [email protected]
End User License Agreement – EULA
Last update: September 9, 2021
Copyright (c) 2021 xSensa Labs (“xSensa”)
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING XSENSA SOFTWARE.
1. LICENSE
By receiving, installing, downloading, opening the file package, and/or using DeepWave, FlowWave, ABC Brainwave Training, Memoride, Sensaride, Sensaflow 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 the 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 resale, 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, libelous, 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 identifies you. For example, xSensa considers your picture, name, address, phone number, email address 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. Only so far as required to deliver xSensa Services and products, 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.
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. Only so far as required to deliver xSensa Services and products, 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. To that end, you waive any rights of publicity, moral or other similar such rights 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 healthcare provider. xSensa is not a licensed medical or healthcare 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 websites 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 rights, 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, demands 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: March 5, 2021
-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 xSensa. You agree to compensate xSensa for any and all loss resulting from your failure to comply with this provision)..
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 monitor, edit and remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating 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 rights. 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 and we reserve the right to hold you liable for any and all loss financial or otherwise to xSensa, other third parties, users, entities or individuals 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 Labs Inc. and its 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 the 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 here: http://xsensalabs.com/legal/
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 [email protected].