Terms of Service

1. Acceptance of the Terms of Service

1.1. This is a legal agreement between you as the User and the Website/App’s Provider.

1.2. By accessing Sensix website and/or by downloading and using the Sensix mobile/web apps and/or by creating a user account within Sensix mobile/web apps, as the case may be, you agree that you have read and understood all of the terms and conditions contained in this Terms of Service and you agree to be bound by this Terms of Service. Certain features of the Services may be subject to additional guidelines, terms, or rules which will be posted in connection with such features

1.3. If you are accepting these terms on behalf of a legal entity, you represent and warrant that you have full authority to bind that legal entity to these terms.

1.4. If you do not agree with the Terms of Service (hereinafter “Terms” and/or “Terms of Service”), you shall immediately: a) not create your account and/or b) stop using the Service.

1.5. Violation of the Terms of Service will result in the termination of your Account.

2. Upgrading and Downgrading Terms of Service

2.1. We reserve the right to update and change anytime the Terms of Service. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. Any modification to the Terms will be notified to you via the website, the Sensix mobile/web apps, and/or via email. The modified version of Terms of Service will become effective in 2 days after it is communicated to you.

2.2. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Service, you should stop using the Service and delete your Account.

2.3. Any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

3. Definitions

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to apply to both the singular and plural forms of the terms defined:

“Account” means the user account that you must create and log into, to use the Service.

“Content” means any information made available to you in the mobile/web app, including your profile information, any information you add related to your spaces or environments for which you need our service and/or the data collected by our Devices when measuring the parameters of the environment ;

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs);

“Provider” and/or “We” means Sensix Environment S.R.L., a Romanian Company, headquartered in Romania, Timișoara city, 38 Sudului Boulevard, apartment 19, having registration number J35/1092/2018 and sole registration number 39129320, dully represented by Ionuț Movilă. Sensix Environment S.R.L. is the owner of the Website and Mobile/Web Apps and is entitled to provide and sell the Service in the conditions stipulated under the Terms of Service.

“Website” means the Sensix presentation website, namely Sensix.

”Apps” means the Sensix mobile/web apps.

”Service” means the services that we provide, in relation with the Software, namely the right to use the Software and the Devices;

”Software” means Sensix web/mobile apps and website.

”Terms of service” means this document, the Privacy Policy, and any other related document available on the Website.

”User” and/or “You” means the physical or legal person who uses the Service, in the conditions stipulated in the Terms of Service.

“Device” and/or Products means the physical devices that are used to measure the parameters monitored by the Sensix Apps.

4. What is our Service

4.1. We build industrial IoT Devices to help companies keep track of Indoor ambient environment and Energy efficiency.

Sensix Ambient can monitor parameters like atmospheric temperature, relative humidity, motion (presence sensor), CO2, volatile organic compounds (VOC), atmospheric pressure, light intensity.

Sensix Energy is a concentrator that can connect to a large series of industrial equipment and can collect any relevant data for each specific case like the current, voltage, power factor, and other 200 electrical parameters from industrial electric meters.

Sensix Dashboard is a place to visualize and acquire insights from the collected data.

The Services are provided “as is” and may be amended or modified by Sensix from time to time, without giving prior notice to the User.

4.2. Purchasing our Service. Creating your Account

If you are interested in purchasing our services you can either fill in the contact form available here Sensix Contact and we will contact you as soon as possible, either you can directly call the telephone number posted under contact details on our Website. We do have 3 business plans available here Sensix Pricing, but usually, we discuss first to find the best Sensix setup that can solve your business’ problems, because every business has its particular needs. We will issue and send you an invoice that you can pay by bank transfer. You can order exactly how many devices you need, for a one-year time, of course with the possibility to extend your plan. You will receive another invoice at the end of the first year if you opt for an extension, for the second year and so on.

After your order is placed, we take the time to manufacture required Devices, if we don’t already have them in stock, either way, we will be able to provide it in a maximum of 6-8 weeks. We then safely deliver an installation manual, a conformity certificate, and all necessary plug-and-play equipment, along with the access to the Web and Mobile Sensix App. You will install on your own, with the help of a licensed electrician authorized for the installment of electric meters in the distribution boards.

4.3. How to use the Mobile and Web Sensix Apps

When you purchase our service, you receive a single super-admin account available for both the Web and Mobile App. You can, then, create as many other accounts as you like for your employees and collaborators. There is no other way to create additional accounts.

As a User, you log in at https://app.sensix.io/ using your e-mail as ID and the password received either from us or your super-admin. Once you are logged in you can access live data collected from the buildings/floors/rooms and see the trends for each parameter for the last 3 hours, enhanced reports, notifications, and more.

The Sensix App notifies you whenever the values surpass the thresholds established by the User.

You must be at least 18 years of age to use the Service and represent a legal person. Our Services are strictly B2B services, we do not work with natural persons, a.k.a. consumers.

4.4. By creating an account and using the Service, you represent and warrant that:

• you can form a binding contract with the Provider;
• you will comply with this Terms of Service and all applicable local, state, national and international laws, rules and regulations

4.5. When creating your Account, you shall respect the following rules:

• You must be a human being. Accounts registered by “bots” or other automated methods are not permitted and will be deleted without any prior notice;
• You must provide your name, a valid email address, and any other information requested to complete the signup process;
• You are not allowed to create an Account using the personal information of third parties unless you are empowered by a legal entity to create an account on its behalf and his employees;
• If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated, or incomplete, we reserve the right to send you a notice to demand corrections, remove relevant information directly and/or terminate all or part of Service to you. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
• Your Account may only be used by one person – a single login shared by multiple people is not permitted.

5. Granted Rights

5.1. By having an approved Account, Provider grants you a personal, worldwide, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service for the time you pay your subscription. This license is for the sole purpose of letting you use the Service as intended by us and permitted by the Terms of Service.

5.2. Your license will be suspended if your Account will be suspended. Accordingly, your license will be terminated if your Account will be terminated.

6. Rules regarding the Use of the Service. User’s obligations

6.1. Sensix shall be considered a software-as-a-service for the indoor ambient environment and energy monitoring for buildings. Therefore, you are allowed to use the Software exclusively for this purpose.

6.2. You are not allowed to use the Service for any illegal or unauthorized purpose and/or activity. You must not, in the use of the software Service and/or Devices, violate any laws in your jurisdiction (including but not limited to copyright laws).

6.3. You are responsible for all Content and activity that occurs under your account. In this respect, when you use the Apps you shall not:

• Upload or monitor any content that might violate third party’s intellectual property rights.
• Use the identity of other persons;
• Upload any Content that is hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
• Upload any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• Use another user’s account;
• Monitor parameters from spaces/meters that do not belong to you/your company or for which you do not have a legal right to use and/or monitor.

6.4. In this respect, we may remove Content and Accounts containing 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.

6.5. You are not allowed to:

• modify, adapt or hack the Service or modify another website/app to falsely imply that it is associated with the Service;
• reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the provider;
• upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages by using the Service;
• transmit and/or use any worms or viruses or any code of a destructive nature;
• verbal, physical, written or otherwise abuse (including threats of abuse or retribution) the other users that you may communicate with;

6.6. You are responsible for maintaining the security of your account and password. The Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6.7. You agree to immediately notify the Sensix of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Sensix is not liable for any loss or damage arising from your failure to comply with the above requirements.

6.8. The User acknowledges and agrees that the Services and Devices, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. This means Sensix will not dispatch emergency authorities automatically in case a parameter is surpassed, nor can it be considered a life-saving solution. Sensix is not an emergency service solution and the User agrees that it will not rely on the services for any life safety or critical purposes.

6.9. When installing the Devices intended to monitor the ambient parameters please be aware that the Devices are to be installed out of the reach of children and/or animals and/or ambient hazards to work properly. Please be aware that Sensix is not liable for the destruction/altered use of the Devices caused/occurred when in your possession. If the Devices do not work anymore/do not work properly anymore they will be replaced upon your request, but you will have to pay the price of the hardware Device replacement.

7. Payments

7.1. Our Services are paid services. In this respect, to access the Sensix Mobile/Web App version, you need a paid subscription.

7.2. The paid subscriptions and applicable prices are available here: Sensix Pricing, but we can also offer a personalized offer according to your specific needs.

7.3 Prices available on Sensix Pricing include VAT, except the situation that we will expressly mention that prices exclude VAT. Prices are exclusive of all other taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

7.4. To buy a subscription a valid bank account is required.

7.5. The Service is billed every year, depending on the selected billing plan.

7.6. Billing occurs at the start of the billing period and each payment shall be done in advance.

7.7. Renewal invoices are issued automatically unless the account owner does not explicitly cancel its subscription.

7.8. You may cancel an ongoing subscription anytime by sending us an email and/or by operating such modification in your Account. In case you cancel your subscription, the right to use the Sensix Mobile/Web App version will be active until the end of the billing period for whom you already paid the subscription. Therefore, we will not reimburse you for the amount paid in advance in case you cancel an active subscription.

8. Acknowledges and warranty limitations

8.1. The service is provided on an “as is” and “as available” basis. Therefore, you acknowledge that your use of the Service is at your sole risk.

8.2. We do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

8.3. We do not warrant that the Content will be always available, always synchronized and updated and error-free. Also, you understand that in extraordinary circumstances the data can be lost, therefore we recommend you always back up the data provided in the App.

8.4. We offer basic maintenance and active development of the Apps available for all Users. If you want a specific feature and/or functionality please contact us and we will see if you can accommodate, perhaps as an additional service.

8.5. We do not guarantee any results by using Service. We shall not be liable in case you do not obtain the results that you expect by using the Service.

8.6. We take no responsibility for any data that the Website/Apps collect. Any material downloaded or otherwise obtained using the Service is accessed at your own discretion and risk.

8.7. The User acknowledges and agrees that the availability of the Mobile App depends on the third-party websites from which you download the Mobile Apps, meaning the App Store from Apple or the Android app market from Google (each an “App Store”). These terms only apply to your relationship with Sensix, each App Store has its own terms and conditions to which you must agree before downloading the Mobile Apps. You must comply with those specific terms of use to be able to use the Mobile Apps. The most strict rule will apply if the terms of use of the Apps or the app store are conflicted.

8.8. We have no obligation to provide technical support. Thus, we will try to fix any errors regarding the functioning of the Website/Apps on time, upon your request.

8.9. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

8.10. Sensix shall in no event, irrespective of its conduct, be liable towards the User or any third party for any costs, direct losses or consequential damages relating to the functionality or use of the Services, Devices, the User’s or third party’s other equipment, property or personnel, not even if such loss or damage is caused by or related to the use of incorrect Data, malfunctioning Services or defective Devices.

8.11. Sensix shall in no event be liable towards the User or any third party for any costs, direct losses or consequential damages caused by or related to the deletion, destruction, damage or loss of any of the User’s or third party’s Data, irrespective of whether the loss of data in question is attributable to Sensix’ conduct, defects, technical issues relating to the cloud services or any other of the Services, the Devices or any other cause.

8.12. Sensix is not liable for third parties services and/or products, including, but not limited to: equipment vendors, third-party sites and app stores, cloud services providers, server providers, carriers, etc.

8.13. Exclusive remedy: In case of any breach of the above-limited warranty, we will repair the prejudice, meaning that we will refund you the price paid for the Service in the month when the breach occurred and only if such price has been paid by you. You acknowledge that the above warranties are your exclusive warranties and replace all other warranties or conditions, express or implied, including but not limited to warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.

9. Modifications to the Service and Prices

9.1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including to delete and/or to add new functionalities to the Service and/or to the Software.

9.2. Prices of all Services, including but not limited to monthly/yearly subscription plan fees to the Service, are subject to change upon 10 days’ notice from us. Such notice may be provided at any time by posting the changes to our Website or contacting you by email.

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

10. Cancellation and Termination

10.1. We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other services provided by us, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content (data) in your Account. We reserve the right to refuse service to anyone for any reason at any time. Usually, we will suspend or terminate your account if we reasonably believe that you have breached the Terms of Services and/or other applicable laws. In case we suspend or terminate your account, we will reimburse you the price paid for your active subscription, proportionally with the time left until the next billing period.

10.2. In the situation, you breach any obligation stipulated under Terms of Services and/or stipulated by the law the termination will be effective immediately without any prior notice. In any other situation, you will receive a 10 days’ prior notification by email before the termination of the Account. The termination will be effective when the 10 days’ term is met.

10.3. If the Account will be terminated you will not be allowed anymore to use the Service. Any information available on your Account and all the Content attached to your Account will be deleted when the Account will be terminated.

10.4. You are also allowed to terminate your account anytime but in such a situation, we will not reimburse any amount paid in advance for your active subscription.

11. Copyright and Content Ownership

11.1. We own all the intellectual Property Rights regarding the Software, the Devices used for the monitoring, and the Service. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights to you or any third party.

11.2. The structure, organization, and code of the Software are valuable trade secrets and confidential information of the Provider. The Software, including the Software’s logos and trademarks, are proprietary to the Provider and are protected by applicable laws and by international treaties provisions.

11.3. You shall respect our Intellectual Property Rights, as stipulated under this Agreement and the applicable laws and you shall not: a) make any modification, adaptation, improvement, enhancement, translation and/or derivative work from the Software; b) decompile, disassemble, reverse engineer, or attempt to decompile, disassemble or reverse engineer, the Software.

11.4. The User is not entitled to use, copy, reproduce, modify, publish, distribute, license, sell or otherwise exploit for any purpose any data or other information related to the Services which is not owned by or originating from, the User itself.

11.5. The User agrees not to access the Services to build a similar or competitive service.

11.6. Sensix owns the Services and neither the User nor any third party may modify, transmit, transfer, sell, reproduce or create derivative works based on, or otherwise exploit, any of the Services in any other manner than described in these Terms of Services.

12. Miscellaneous

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

12.2. We may assign its rights and obligations under this Agreement to any party for any reason whatsoever without any prior notice.

12.3. Any dispute arising under or in connection with this Agreement will be deferred to the competent courts from Romania. Any dispute arising under or in connection with this Agreement will be judged in accordance with Romanian laws.

12.4. The Terms of Service constitutes the entire agreement between you and the Provider and governs your use of the Service, superseding any prior agreements between you and the Provider (including, but not limited to, any prior versions of the Terms of Service).

12.5. You can contact us at the following email address: [email protected]