Terms & Conditions | Sensai

Terms & Conditions

Last modified 8/27/2018

Welcome to the Sensai application and associated services (the “APP”) of Social Sensai, Inc. (“SSI,” “we,” or “us”). This page explains the terms by which you may use our APP. By accessing or using the APP, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the SSI Privacy Policy. BY CLICKING THE “AGREE” BUTTON, AND USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND IMMEDIATELY DELETE IT FROM YOUR MOBILE DEVICE. This Agreement hereby incorporates the terms of the Privacy Policy and all future amendments or modifications thereto. Any terms not otherwise defined in this Agreement will have the same meaning as defined in the Privacy Policy. Please read this Agreement carefully to ensure that you understand each provision.

  1. Use of Our APP

1.1 Our APP in a Snapshot: SSI operates a mobile application and associated services that are designed to assist you in your use and optimization of your social media tools and platforms. For purposes of this Agreement, any users who have registered and downloaded the APP will be referred to as a “User.”

1.2 Eligibility: You may use the APP only if you can form a binding contract with SSI, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.  You must be 16 years old or older to use or access the APP, unless you are under 16 years old and your use of the APP is directly supervised by your parent or guardian. Any use or access to the APP by anyone under 16 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The APP may not be available to any Users previously removed from the APP by SSI. By using the APP, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

1.3 License to Use the SSI APP:  Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the APP and as permitted by the features of the APP. SSI reserves all rights not expressly granted herein in the APP and the SSI Content (as defined below). SSI may terminate this license at any time for any reason or no reason. Additional terms may apply for any content that you download from or upload to the APP. Any such additional terms will be made available to you prior to initiating any applicable uploads or downloads.

2.SSI Accounts

2.1 Your Account: Your SSI account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. If you open an SSI account on behalf of a company, organization, group or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity or group with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s or group’s behalf. By connecting to SSI with a third-party service, you give us permission to access and use your information or the information about your group from that service as permitted by that service, and to store your login credentials for that service, including but not limited to any social media tools and platforms. If a person registers on behalf of an entity or group and subsequently ends his/her relationship or role with that entity or group, and the entity or group wish for another person to manage its account, you must notify us of such and provide us with updated information, particularly contact information and payment information immediately. The entity or group is strongly encouraged to change its usernames and passwords to ensure that only persons it intends to access the account have access to the account. We have no way of knowing when you make these changes, and it is 100% your responsibility to manage your account correctly. Any issues or problems that result from a failure to make changes or manage an account properly is not our fault.

2.2 Other Users Accounts: You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You may not allow any other party to access or use the APP with your unique username, password, or other security code. You must notify SSI immediately of any breach of security or unauthorized use of your account. SSI will not be liable for any losses caused by any unauthorized use of your account.

2.3 Your Profile and Account Information: You may control your User profile and how you interact with the APP by changing the settings in your account. By providing SSI your email address you consent to our using the email address to send you APP-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the APP and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. SSI usernames are provided on a first-come, first-serve basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.

  1. APP Rules

3.1 Restrictions for Using the APP: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the APP in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the APP in a manner that sends more request messages to the SSI servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the APP; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the APP; (vii) collecting or harvesting any personally identifiable information, including account names, from the APP; (viii) using the APP for any commercial solicitation purposes other than for your personal benefit; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the APP; (xi) accessing any content on the APP through any technology or means other than those provided or authorized by the APP; (xii) bypassing the measures we may use to prevent or restrict access to the APP, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the APP or the content therein; (xiii) using any SSI Content (as defined below), including any SSI trademarks, in any manner that might tarnish, disparage, or reflect adversely on such SSI Content; (xiv) using any SSI trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a meta tag, keyword, or any other type of programming code or data; (xv) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with SSI trademarks; (xvi) copying, imitating or using, in whole or in part, the look and feel of the APP (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of SSI; or (xvii) framing or hotlinking to the APP or any content other than your own without the prior written consent of SSI.

3.2 We May Change the APP: We may, without prior notice, change the APP; stop providing the APP or features of the APP, to you or to Users generally; or create usage limits for the APP. We may permanently or temporarily terminate or suspend your access to the APP without notice and liability for any reason, including if in our sole determination if we believe that you have violated or are violating any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from SSI prior to establishing another account. If you attempt to establish another account without obtaining such authorization, SSI may permanently ban you from the APP. You may not have more than one active account at any time without the written consent of SSI in each instance. You are solely responsible for your interactions with other SSI Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SSI shall have no liability for your interactions with other Users, or for any User’s action or inaction.

  1. User Content

4.1 General: Some areas of the APP may allow Users to submit or publish content that they have created or generated (including via other platforms), or that belongs to the User, such as profile information, comments, questions, photographs, illustrations, fonts or designs, via the APP or with assistance from the APP (“User Content”). You retain ownership of your User Content and you are entirely responsible for all such User Content.

4.2 Uploading User Content to SSI: In all cases, your User Content and any content you use or publish must comply with any and all rules and regulations and any platforms via which it is posted or published, and you are responsible for ensuring you are familiar with all such rules and regulations relating to the publishing or posting of any content, even if you use suggested language or edits provided by SSI.  At a minimum, you must not publish or post any content, including User Content, that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that would be deemed to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any content, including User Content, that you publish or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. You understand that publishing any content, including your User Content, with assistance or advice from the APP is not a substitute for registering it with the U.S. Copyright Office, the Writers Guild of America, or any other rights organization.

4.3 Intellectual Property: For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

4.4 Your Representations: In connection with your User Content, you affirm, represent and warrant the following:

  1. Any Content you use, publish or post, including Your User Content, and SSI’s access to or use thereof as contemplated by this Agreement and the APP will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
  2. SSI may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  3. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
  4. If your User Content consists in whole or in part of any third party property, such as images or designs, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in any part of whole of the User Content created by you, and to license such User Content to SSI for the purposes set forth herein, to the extent applicable.
  5. Your User Content is neither obscene, defamatory, nor otherwise objectionable.
  6. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
  7. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with SSI.
  8. You will not engage in pay per click advertising using keywords which compete with SSI’s own campaigns in order to promote your relationship with SSI nor will you use or engage a third party on your behalf to use SSI in any domain name.

Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, SSI shall send you written notice of such claim, using the email address provided by you to SSI, specifying the details of the claim as then known to SSI.

4.5 Content: SSI takes no responsibility and assumes no liability for any content, including any User Content that you or any other User or third party publishes or sends. You shall be solely responsible for such content, including your User Content, and the consequences of posting or publishing it, whether or not you use suggested language or edits provided by us to you. All content and anything you decide to publish or post is 100% completely and totally under your sole control.

  1. User Content License Grant

You agree that you have all rights necessary to provide us with any of your information and any User Content, and you hereby agree to provide us with a right and license to use the User Content as necessary for the APP and related services and as otherwise required under this Agreement.

  1. Our Proprietary Rights

Except for your User Content, the APP and all materials therein or transferred thereby, including, without limitation, software, code, images, analytics, APP usage detail and data, strategies, processes, methodologies, tools, idea, innovations, text, graphics, illustrations, logos, patents, suggested language and texts, trademarks, service marks, copyrights, photographs, audio, videos, music (the “SSI Content”), and all Intellectual Property Rights related thereto, are the exclusive property of SSI and its licensors to the APP. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SSI Content. Use of the SSI Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

  1. Feedback

You may choose to or we may invite you to submit comments or ideas about the APP, including without limitation about how to improve the APP or our services and products (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SSI under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SSI does not waive any rights to use similar or related ideas previously known to SSI, or developed by its employees, or obtained from sources other than you.

  1. Payment

8.1 Billing Policies: By downloading the APP, you agree to the pricing and payment listed on the APP which we may update from time to time. SSI may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

8.2 No Refunds: You may cancel your SSI account at any time; however, there are no refunds for cancellation. In the event that SSI suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the APP, any content or data associated with your account, or for anything else.

8.3 Payment Information; Taxes: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the APP must be accurate, complete, and current. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

  1. SSI Property

Certain aspects of the APP may allow you to obtain certain reputational or status indicators (“SSI Property”). You understand and agree that regardless of the terminology used, SSI Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at SSI’s sole discretion. SSI Property is not redeemable for any sum of money or monetary value from SSI at any time. You acknowledge that you do not own the account you use to access the APP, nor do you possess any rights of access or rights to data stored by or on behalf of SSI on SSI servers, including without limitation any data representing or embodying any or all of your SSI Property. You agree that SSI has the absolute right to manage, regulate, control, modify and/or eliminate SSI Property as it sees fit in its sole discretion, in any general or specific case, and that SSI will have no liability to you based on its exercise of such right. All data on SSI’s servers are subject to deletion, alteration or transfer.  SSI does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on SSI’s servers.

  1. Privacy

We care about the privacy of our Users. You understand that by using the APP you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.

  1. Security

SSI cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You also acknowledge that you must maintain the safety and security of your login credentials.

  1. DMCA Notice

Since we respect the rights of other persons, it is SSI’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the APP, please notify SSI’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the APP;
  4. Information reasonably sufficient to permit SSI to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice Social Sensai, Inc. Address: 712 Montgomery St., San Francisco, CA 94111 Email: support@trysensai.com UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying SSI and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SSI’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, SSI has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. SSI may also at its sole discretion limit access to the APP and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you think your copyright is being infringed, follow these steps, and we’ll do something about it.

  1. Third-party Links

13.1 Third-party Links: The APP may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SSI. SSI does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the APP, you do so at your own risk, and you understand that this Agreement and SSI’s Privacy Policy do not apply to your use of such sites. You expressly relieve SSI from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the APP, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SSI shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

13.2 Social Media and Other Third-party Platforms: The APP and related services are designed to assist you with your use of your social media tools and platforms. These third-party tools and platforms and any information, content, materials or media you decide to use, publish or post via or on these platforms or with other third parties, whether or not we provide you suggested ideas, strategies, text or edits, are 100% completely and totally under your sole control and discretion and your use is at your own risk. Suggestions we provide are for your consideration only and you must ensure that you are able to publish any postings and that doing so will comply with all legal rules and regulations, the rules of all platforms and the requirements of this Agreement, and that you are comfortable with any and all postings or messages you publish and the potential outcomes.

  1. Indemnity

You agree to defend, indemnify and hold harmless SSI and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the APP, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any content that is submitted and associated with your account; or (vi) any other party’s access and use of the APP with your unique username, password, or other appropriate security code.

  1. No Warranty

The APP is provided on an “as is” and “as available” basis. Use of the APP is at your own risk. To the maximum extent permitted by applicable law, the APP is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, SSI, its subsidiaries, and its licensors do not warrant that the content, including without limitation SSI Content, is accurate, reliable or correct; that the APP will meet your requirements; that the APP will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the APP is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the APP is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the APP. SSI does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the SSI APP or any hyperlinked website or service, and SSI will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

  1. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SSI, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the APP and any related services, including without limitation, your submission or use of any content, including User Content. Under no circumstances will SSI be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the APP or your account or the information contained therein. To the maximum extent permitted by applicable law, SSI assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our APP; (iii) any unauthorized access to or use of our APP servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the APP; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our APP by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the APP; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall SSI, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to SSI hereunder or $100.00, whichever is greater. No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose. Notwithstanding anything to the contrary contained herein, SSI shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content or SSI Content or any other content, any additions or combinations of User Content or SSI Content with other content, or the context in which the User Content, SSI Content or any other content is used by you. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SSI has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law. The APP is controlled and operated from its facilities in the United States. SSI makes no representations that the APP is appropriate or available for use in other locations. Those who access or use the APP from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the APP if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the APP are solely directed to individuals, companies, or other entities located in the United States.

  1. Governing Law

You agree that: (i) the APP shall be deemed solely based in California; and (ii) the APP shall be deemed a passive one that does not give rise to personal jurisdiction over SSI, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

  1. Arbitration

For any dispute with SSI, you agree to first contact us at support@trysensai.com and attempt to resolve the dispute with us informally. In the unlikely event that SSI has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any SSI claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in San Francisco County, California, unless you and SSI agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this Agreement, you and SSI are each waiving the right to a trial by jury or to participate in a class action.

  1. General

19.1 Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SSI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

19.2 Notification Procedures and Changes to the Agreement: SSI may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by SSI in our sole discretion. SSI reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. SSI is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. SSI may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically.

When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the APP after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the APP.

19.3 Entire Agreement/Severability: This Agreement, together with the Privacy Policy, and any amendments to either agreement, and any additional agreements you may enter into with SSI in connection with the APP in writing, shall constitute the entire agreement between you and SSI concerning the APP. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

19.4 No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SSI’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

19.5 Contact: Please contact us at support@trysensai.com with any questions regarding this Agreement.