TERMS OF SERVICE

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND SenseGrow Inc. (hereinafter “SenseGrow”) GOVERNING YOUR USE OF SENSEGROW’s IoT (Internet of Things) SOFTWARE and tools.

Throughout the site, the terms “we”, “us” and “our” refer to SenseGrow. SenseGrow 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.

  1. DEFINITIONS
    1. “Device” shall mean a device capable of communicating with SenseGrow software services and that is rightfully under Your control.
    2. “Registered Device” refers to a Device registered on SenseGrow software service.
    3. “Service” shall mean the SenseGrow IoT Cloud and software service, which consists of a Cloud infrastructure that provides two way communication with a Registered Device or between a Registered Device and Your Application.
    4. “App” shall mean the subscription ­based applications that are available through SenseGrow.
    5. “Services” or “Service” refers to SenseGrow’s device management Services, the data communications Services, SenseGrow Apps, Third­ Party Supplier Apps and/or other Services that may be introduced in the future. The term “Services” may refer to a single Service or a collection of Services and Apps.
    6. “Subscription Term” shall be period of time for which SenseGrow has committed to provide and You have committed to pay for Services.
    7. “You” refers to the customer and any user of the Services that acquires the Services through the customer’s account.
    8. “Third­ Party Supplier” refers to an infrastructure provider or an entity that supplies other technologies or services used by SenseGrow. This definition includes Third­ Party Suppliers that provide services [example: mapping services] for use by other solution providers (like Cloud Infrastructure Provider), where the service is hosted by the Third­ Party Supplier and not within the control of SenseGrow.
    9. “Terms of Service” refers to the provisions in this Document, including all attachments and Exhibits.
  2. ACCEPTANCE OF TERMS
  3. By completing the electronic acceptance process, using this website, or a partner website or any other products or services (the "Service") operated, controlled or distributed by SenseGrow or its partners or otherwise indicating your acceptance of these terms you agree to be bound by the following terms and conditions of use (the "Terms of Service").

    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.

  4. GENERAL CONDITIONS
  5. 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.

  6. USE OF THE SERVICE
    1. Subject to timely payment of all charges on Your account, SenseGrow grants You the right to use the Services. SenseGrow reserves all rights not otherwise expressly granted herein.
    2. You shall be responsible for maintaining the security of each Device, Your account, passwords and files, and are responsible for all uses of Services (and all associated fees), with or without Your knowledge or consent and whether or not authorized by You.
    3. Registration and Security. As a condition to using the Services, each user of the Services may be required to register and select a password and username ("User ID"). You will provide accurate and complete, registration information and will keep up to date Your registration information, as necessary, to keep it current. You may not
      1. select or use as a User ID a name of another person with the intent to impersonate that person; or
      2. use as a User ID a name subject to any rights of a person other than such user without appropriate authorization. Each User ID shall be assigned to (and may only be used by) one unique user and You shall ensure that each such User ID is not be shared with or used by any party other than the unique user to which it is assigned.
    4. Unless otherwise specifically allowed by SenseGrow, in writing, You will not, directly or indirectly use the Services or any provided software for timesharing or services bureau purposes or otherwise for the benefit of a third party
    5. You acknowledge that, except as expressly stated, SenseGrow retains all rights in its trademarks, service marks, software, technology and any other items of intellectual property.
    6. You are solely responsible for:
      1. all use of the Services occurring as a part of Your account, whether or not authorized by You or done with Your knowledge, and
      2. for all data, information or other content transmitted over or uploaded to SenseGrow as part of Your account.
    7. SenseGrow reserves the right to update or change the Terms of Service at any time and from time to time without notice by posting a revised Terms of Use document on this page.
    8. Any new features that extend or enhance the Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any of these changes shall constitute your consent to these changes. If You do not agree with any such amended Terms of Service you shall notify SenseGrow during the 30 day period after such amended terms have been posted and at the end of such 30 day period these Terms of Service shall be deemed terminated unless SenseGrow agrees to waive such amended terms to which You object. You can view the most current version of the Terms of Service at any time on this page. You are responsible for regularly reviewing the Terms of Service for any updates or changes. SenseGrow reserves the right to modify or discontinue the Service for any reason or no reason with or without notice to You. SenseGrow shall not be liable to You or any third party should SenseGrow exercise its right to revise these Terms of Service or modify or discontinue the Service.
    9. In the event SenseGrow conducts an investigation of Service outages, security problems, or a suspected security breach of SenseGrow, You agree that You will provide a reasonable level of cooperation to help facilitate SenseGrow’s investigation, to the extent warranted by the facts of the situation. If Your cooperation requires more than a small amount of time and effort, SenseGrow will discuss an appropriate level of compensation.
    10. For some types of data, the law requires a level of security or privacy that must be maintained. You acknowledge that You will abide by all legal requirements regarding the data that You transmit to or store in SenseGrow. For types of data where the law does not require a specific level of security or privacy, it is still recommended
      1. that You encrypt Your data prior to transmitting the data to SenseGrow and
      2. that You do not disclose the encryption key to SenseGrow or any third party.
    11. Protected Health Information.
      1. You represent and warrant that in the event that You and/or anyone using Your account utilize any aspect of SenseGrow to transmit, receive, store, or process Protected Health Information ("PHI") as that term is defined by the Health Information Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) as amended and as implemented by the associated regulations (collectively, the "Acts"), You will be fully compliant with the Acts. and will encrypt all PHI at rest and in motion.
      2. Regulatory Approvals. You represent and warrant that each Device, has, if required by law, all approvals and certifications by the Food and Drug Administration (FDA) and/or other federal and state regulators in connection with each device.
  7. YOUR ACCOUNT
    1. Unless otherwise stated in writing, the Subscription Term shall be monthly and will start and end on the first and last days of the month, respectively. At the end of each Subscription Term and if Your Account is current, the Account will renew automatically for an additional one ­month term.
    2. Unless otherwise stated in writing, Account fees will be billed monthly. All fees are in US dollars or your local currency if supported, unless otherwise stated.
    3. Account fees are payable regardless of whether Services are being used by a Registered Device. Fees are non­cancelable and non­refundable. Unless otherwise agreed to in writing, SenseGrow reserves the right to change the amount of the fees or applicable charges and to institute new charges which will apply to the next Subscription Term. In addition, SenseGrow may introduce new features and functionalities, which may be made available to You at an additional cost.
    4. Fees for Services are net of taxes, and You will be responsible for all applicable taxes, imposed on or based on the provision, sale or use of the Services (except for taxes based on SenseGrow's net income).
    5. You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
  8. FEES AND PAYMENT
  9. It will be Your responsibility to pay all fees and payments as set forth on the SenseGrow site or as agreed upon between You and SenseGrow. Payment will be due within 30 days after invoice date, or within the period agreed between You and SenseGrow in writing.

  10. SOFTWARE IN OUR SERVICES
  11. When a Service requires or includes downloadable software, this software may be updated automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

    SenseGrow gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by SenseGrow as part of the Services. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

    Open-source software is important to us. Some software used in our Services may be offered under an open-source licence that we will make available to you. There may be provisions in the open-source licence that expressly override some of these terms.

  12. TERMINATION AND SUSPENSION
    1. Violation of any of the Terms of Service will result in the termination of your account or the Service. Upon termination of Your account you will no longer be able to use the Service and any of your information on the Service may be removed by SenseGrow.
    2. SenseGrow may, without liability, suspend or terminate any or all Services to some or all of its account holders or users:
      1. following a possible or actual security breach or cyber­attack on SenseGrow;
      2. in order to protect the SenseGrow network; or
      3. if required by a governmental entity.
    3. SenseGrow may, without liability, suspend or terminate any or all Services in Your account if:
      1. You are engaging in suspected fraudulent or unauthorized use,
      2. You have breached the Terms of Service or other contract You may have with SenseGrow that relates to SenseGrow;
      3. Payments in Your account are past due;
      4. You fail to provide a reasonable level of cooperation in an investigation pursuant to section 3 clause ix;
      5. there are few or no data transactions in Your account or
      6. as otherwise provided in this Document.
    4. SenseGrow may, without liability, suspend or terminate Services for a Registered Device if You are using a device or equipment that is defective or illegal the Registered Device is causing technical or other problems on SenseGrow or exceeding Subscription plan limit or upon termination of Your account.
    5. Either party may terminate the Agreement if the other party becomes insolvent or is unable to pay its debts or enters into or files (or has filed or commenced against it) a petition, arrangement, application, action or other proceeding seeking relief or protection under the bankruptcy laws of the laws of California, USA which proceeding is not stayed within forty­five (45) days of being filed.
    6. Portions of the Terms of Service, which by their nature should survive termination, will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability. However, upon termination, Your right to use the Services shall immediately terminate.
    7. Upon termination of Your account, You will reconfigure Your Devices so that the devices are no longer attempting to communicate with SenseGrow. In the event Your Devices have not been reconfigured, as stated in this section, SenseGrow reserves the right to remotely and without notice to You reconfigure Your Devices so that a device no longer attempts to communicate with SenseGrow.
  13. DATA RETENTION
    1. Unless otherwise provided within Your account the data transmitted to SenseGrow may or may not be retained on a long­ term basis. SenseGrow may, in its discretion, purge your data at any time. Typically, data is purged every 30 calendar days, but this may occur at intervals which are more or less frequent.
    2. Upon termination of Your account, SenseGrow may, but is not obligated to, delete the data associated with Your account.
    3. SenseGrow offers an optional Storage feature for long ­term storage and access to Your data. SenseGrow Storage is a service for storing and accessing time­series data. With SenseGrow Historian, Your data is stored and then made accessible to You through SenseGrow. Data stored using SenseGrow Storage service will be maintained as long as Your account is current and the SenseGrow Subscription is maintained within Your account. If Your SenseGrow account is terminated or Your SenseGrow Storage subscription is cancelled, the data will no longer be stored or accessible. It is advised that you download all of your data before account termination or subscription cancellation. Typically, data is purged following 30 calendar days, but this time period may vary, within SenseGrow’s discretion.
  14. THIRD PARTY TOOLS
  15. 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.

  16. THIRD-PARTY LINKS
  17. 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.

  18. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
  19. 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.

  20. PERSONAL INFORMATION
  21. Your submission of personal information through the website is governed by our Privacy Policy.

  22. ERRORS, INACCURACIES AND OMISSIONS
  23. 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.

  24. PROHIBITED USES
  25. 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.

  26. INACTIVE ACCOUNT POLICY
  27. We reserve the right to terminate unpaid accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive

  28. DATA OWNERSHIP
  29. We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant SenseGrow the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for SenseGrow’s commercial, marketing or any similar purpose. But you grant SenseGrow permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

  30. USER GENERATED CONTENT
  31. You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that SenseGrow will have the right to block access to or remove such content made available by you if SenseGrow receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by SenseGrow for this purpose.

  32. INDEMNITY
  33. To the extent permitted by applicable law, You will indemnify, hold harmless and defend SenseGrow and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against SenseGrow or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by SenseGrow or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. SenseGrow will provide You with written notice of any claim, suit or action from which You must indemnify SenseGrow. You will cooperate as fully as reasonably required in the defense of any claim. SenseGrow reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

  34. DISCLAIMER OF WARRANTIES
  35. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, SENSEGROW MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.

  36. LIMITATION OF LIABILITY
  37. WHEN PERMITTED BY LAW, SENSEGROW AND SENSEGROW’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

    TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SENSEGROW AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICES AGAIN).

    IN ALL CASES, SENSEGROW AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

  38. SEVERABILITY
  39. 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.

  40. ENTIRE AGREEMENT
  41. 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.

  42. THIRD PARTIES
  43. If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by SenseGrow to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) SenseGrow may share with the Third Party any Customer Data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent.

  44. LEGAL COMPLIANCE
  45. You may not transmit or otherwise export from the USA or allow the transmission of the Services in violation of any restrictions, laws or regulations of the Ministry of Export & Import, the Ministry of External Affairs, or any other foreign agency or authority.

    You represent and warrant that You are not a person to whom SenseGrow is legally prohibited to provide the Services and/or are not on ANY governmental list of restricted person or entities.

    You may not use the Services in any situation where failure or fault of the Services could reasonably be expected to lead to death or serious bodily injury of any person, or to physical or environmental damage.

    You may not use the Services for carrying out any illegal act like act of terrorism or for developing any kind of weapon.

    You may not provide access to the Services to any person or entity that would be prohibited from using the Services under law.

    Regarding data that, by means of Your account, is collected, transmitted to SenseGrow, downloaded from SenseGrow or viewed using SenseGrow (in this paragraph, the “Data”), You warrant that: You own or are otherwise entitled to collect the Data that passes through a Device; and You have sufficient legal rights to allow You to use SenseGrow to transmit, download or view the Data. You also acknowledge that the law protects a third party’s rights in certain information and that Your unauthorized use of third party’s information may subject You to civil or criminal penalties.

  46. ARBITRATION
  47. Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, SenseGrow may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

  48. GENERAL
  49. SenseGrow shall not be liable for any failure or delay in the performance of its obligations hereunder on account of strikes, terrorist activity, shortages, riots, insurrection, fires, floods, power outages, storms, cybercrime, explosions, war, governmental action, labor conditions, earthquakes, terrorism, supplier bankruptcy or default, failure, delay or interruption by third parties, including without limitation, communications providers, or any other cause which is beyond SenseGrow’s reasonable control.

    Your rights and obligations under the Terms of Service are not assignable or transferable and cannot be sub­ licensed to another party by You except with SenseGrow’s prior written consent. SenseGrow may transfer, assign or subcontract any of its rights and obligations under the Terms of Service without consent.

    The Terms of Service are the complete and exclusive statement of the understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service. All waivers and modifications of the Terms of Service must be in writing and signed by both parties, except as otherwise provided herein.

    No agency, partnership, joint venture, or employment is created as a result of Your use of SenseGrow. You do not have authority to bind SenseGrow in any respect.

    English is the governing language for: (i) SenseGrow; (ii) Your SenseGrow account; (iii) the Terms of Service; (iv) negotiations related to the Terms of Service or Your use of SenseGrow and (v) the resolution of disputes related to the Terms of Service or Your use of SenseGrow, including negotiations, litigation, mediation or arbitration. Versions of the Terms of Service that have been translated into languages other than English are provided for convenience, and the English version is the only version that defines the rights and obligations of the parties.

    If You have dealt with a third­ party that is authorized to act as a services representative for SenseGrow Services (in this section, referred to a “Representative”), you agree that: the Representative is not a party to agreements or terms relating to Your SenseGrow account and except for substantial misrepresentations, gross negligence or intentional misconduct by the Representative, You release the Representative from all claims and liability related to your SenseGrow account or Your use of SenseGrow Services.

  50. CHANGES TO TERMS OF SERVICE
  51. 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.

  52. CONTACT INFORMATION
  53. Questions about the Terms of Service should be sent to us at info@sensegrow.com.