General Conditions of Use of the e-sens App
This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services provided, by E-SENS Inc. of Salt Lake City, UT (“E-sens”) and sold to the original purchaser thereof (“User”). The use of the mobile application “E-SENS ROAM” implies full acceptance of these terms and conditions of use.
These conditions of use may be supplemented or modified at any time, the User is therefore invited to refer to our website: https://www.e-sens.com
Publisher: E-SENS, Inc. 630 Komas Dr. Salt Lake, Utah 84108
These general conditions of use constitute a legal agreement concluded between the User and the company E-SENS, concerning the application “ROAM” (hereinafter, “the Application”).
The User, by downloading and then accessing, has the ability to consult and organize the Information collected by the connected Device from which the Application works.
The User, by downloading and then accessing the Services and / or using them, expressly accepts the present conditions.
- “Application”: means the “ROAM” application for mobile devices, developed and provided by the Publisher, and accessible for download on the “App Store” and “Google Play” application platforms.
- “User Account”: means the personal account of the User, in which they can access his personal data.
- “Content”: refers to the data made available to the User via the “ROAM” Application.
- “Personal Data” means any information referring to an identified or identifiable natural person. An identifiable natural person may be identified, directly or indirectly, in particular by reference to a name, an online identifier, or elements specific to his physical, cultural or social identity.
- “Publisher” or “Company” means the company E-SENS as presented above.
- “Services”: refers to all the services offered to the User via the “ROAM” application.
- “Site”: means the website designed, developed and operated by E-SENS and whose URL address is as follows: https://www.e-sens.com
- “Processing of personal data” means any set of operations that may or may not be performed using automated processes and applied to personal data, such as, but not limited to, data collection, registration, organization, retention , consultation, use, communication by transmission, dissemination or any other form of provision.
- “User” or “User”: means any natural person or emancipated, non-professional, professional, validly registered on the application “ROAM” after creating a User Account and using the Services.
Access to Services
The App, available exclusively for mobile devices, is available for download on Android and IOS devices through the “Google Play” and “App Store” application platforms.
All software and hardware necessary for downloading the Application and all other related costs, including telecommunication costs, are the sole responsibility of the User. The User is solely responsible for the material used in the context of the use of the “ROAM” Application.
The User is solely responsible for the consequences of the use of the Application and the Services it offers, until the deactivation of his account. The Publisher reserves the right to suspend or delete the Account of a Malicious User in case of violation of these Terms and Conditions and.
To access the Services of the “ROAM” Application, the user must create their personal account. This step requires the following information:
- E-mail address
- Last name
- First Name
- Telephone number
Once the User has completed the required personal information, the application proceeds to the connection and registration of the ROAM connected object that the User has in their possession.
To fully benefit from the “ROAM” services, the User may purchase the ROAM device as well as all the functionalities required for its use. Information on this subject is available on the website: https://www.e-sens.com/
5. Modification of the Application
The Publisher reserves the right to make any changes and improvements to its Application that it deems necessary or useful and cannot be held responsible for damages of any kind that may arise from this fact.
As part of its business and products offered for sale, including ROAM, E-SENS collects data. This private data is grouped into 2 categories:
- Personal data: data that identify, directly or indirectly, a person, collected during the set-up of the Application and / or when ordering on the website or through the Application
- Water Quality Data taken by the ROAM connected object or through User input
6.1. Protection of personal data
If the User wishes to contact E-SENS about their data rights, they may send a letter to the address below:
E-SENS, Inc.; 630 Komas Dr.; Salt Lake City, UT; 84108
This request can also be sent by e-mail to:email@example.com
6.2. Information collected by E-SENS
Whenever the User interacts with E-SENS on the Services, Personal Data and Water Quality Data are collected, as well as other information, as further detailed below:
- Personal Data and information that you provide as a result of your registration on the Website, and / or when placing an order on the Website and / or when setting up the Application. This Personal Data and information includes: the email address, surname, first name, delivery address, billing address, mobile phone number and other information. The company also collects information when the User utilizes a ROAM Product, such as the location, and other information relevant to the functionality of the ROAM device. E-SENS may also collect Personal Data or Water Quality Data by automated means used to monitor or operate the Services, such as, but not limited to, Product information, capabilities and applications, how it is used, the activities related to the Services, the IP address of Users.
E-SENS also saves passwords. However, they are inaccessible and absolutely not usable by E-SENS.
- Water Quality Data collected by the ROAM: E-SENS collects Water Quality Data from the device. The ROAM and/or User collects water testing parameters entered by the User or automatically collected by the ROAM device.
- Personal Data provided via other E-SENS Services. E-SENS collects Personal Data when the user responds to a survey, registers to benefit from a promotional or special offer, or sends an e-mail message, participates in a forum or interacts with our articles on the blog.
In order to allow an optimal transmission of the information collected by the ROAM connected device to the Smartphone application, the Publisher uses a geolocation system. However, the User has the option to disable this feature directly from their Terminal. The User remains informed that the deactivation of the geolocation system hampers the proper functioning of the ROAM Application.
E-SENS uses the User’s Personal Data and Water Quality Data only for the purposes intended, including, but not limited to, the purposes described below:
- Implementation and monitoring of the Services: E-SENS uses the Users’ Personal Data and the measures to allow access to the Services and the follow-up of use of these Services. As part of the Services, E-SENS uses the Personal Data and Water Quality Data to provide analysis and data tracking.
- Sharing with third party partners, distributors / resellers: Under certain agreements, E-SENS is required to share the Personal Data and Water Quality Data with the reseller or distributor from whom ROAM was purchased, or, as part of a ROAM purchased on the Web Site. The distributor and/or the reseller undertake that such personal data and Water Quality Data are to be utilized exclusively for commercial purposes, such as, for example, a non-exhaustive list, to anticipate his inventory management, or to send the User a promotional offer. Under no circumstances may the distributor or reseller resell the User’s data, which remains the property of E-SENS. The User has the right to suspend the transfer of his Personal Data and Water Quality Data. This suspension is done by the agreement of the general conditions of use requested to the User during the setting of the application, and also in the settings of the application. The suspension – or reactivation – of this transfer agreement will be effective within a maximum of 30 full days. In case of suspension, the User acknowledges and agrees to waive any claim against E-SENS,
- Surveys, contests and other special offers. From time to time, E-SENS offers its Users the opportunity to participate in surveys, contests and other special offers. If, on this occasion, the User provides Personal Data, this Personal Data will only be used for these purposes.
- Communication about Products, Services and Events: when the user registers with the E-SENS Application, they accept that E-SENS may from time to time use the Personal Data in order to be contacted in the future and to be kept informed of Products, Services and events that may be of interest. These communications will be made with the possibility of declining participation at any time, upon request.
- Research and Data Analysis: in an effort to understand and respond to the needs of Users and Services, E-SENS conducts regular research on the profile, interests and behavior of its users, as well as on Water Quality Data produced by the Product. These searches are based on data, Water Quality Data and other anonymized information. This research can be gathered and analyzed as raw or aggregated data and E-SENS can share this anonymous data with advertisers, researchers, business partners, publications or any other third party. These data will not identify the User and will not be considered as Personal Data.
- Improved Services: E-SENS may use Personal Data, Water Quality Data, Aggregate Personal Data or any other anonymous data collected through the Services to improve the content and functionality of the Services, and to better understand users, and to improve our Services.
- Orders: E-SENS may use the Personal Data collected through the Site to respond to orders for Products that may be made via the E-SENS Services. Notwithstanding anything to the contrary herein, E-SENS will use the User’s credit card and any other financial information for the sole purpose of processing and executing the order, and always with prior agreement.
6.3. Disclosure of Personal Data and Other Information
E-SENS considers that Personal Data and privacy are central to the relationship with the User.
Some Personal Data and Water Quality Data may however, under certain circumstances, be shared with third parties and used by these third parties, without further notice, in the cases mentioned below:
- Transfer of businesses: As E-SENS develops its business, purchases and sales of certain activities are likely. In the event of sale, merger, reorganization, dissolution or any other similar arrangement, the Personal Data and Water Quality Data may be part of the transferred assets.
- Legal requirements: E-SENS may disclose Personal Data if required by law or if it may believe in good faith that it is necessary to fulfill a legal obligation, protect or defend the rights or property of E-SENS, to act in an emergency or the public, or to provide protection for legal liability.
- Anonymized Personal Data: As already stated above, E-SENS may share information relating to the Personal Data of the User, not taking the form of Personal Data. For example, E-SENS may share aggregated, raw or anonymous data with advertisers, researchers, business partners, publications or any other third party.
6.4. Choice of the user
The User may use the Application without disclosing Personal Data. However, if the User decides not to disclose Personal Data, some areas of the Application may not be accessible or fully functional.
The User has the choice to authorize or not to be contacted by E-SENS, and/or by third parties offering their products, Services and/or events likely to be of interest.
E-SENS takes reasonable steps to protect the User’s Personal Data provided through the Site from loss, misuse, disclosure, alteration or destruction.
However, no transmission via the Internet or email is never completely protected or error-free. E-SENS cannot guarantee the security of e-mails sent from the Site or to the Site. E-SENS invites Users to be extremely cautious when sending information via e-mail or Internet transmissions.
If the User receives an E-SENS e-mail that appears to be fraudulent, the User must notify the Publisher by forwarding the mail to: firstname.lastname@example.org.
7. Limited License
E-SENS grants to User during the term hereof a nonexclusive, non-transferable, non-sublicensable, limited, revocable license to access User’s Water Quality Data solely through E-SENS network, solely for (a) User’s internal business operations and (b) accessing Water Quality Data from the ROAM Equipment. E-SENS grants no rights other than those granted explicitly herein and reserves and retains for itself and/or its licensors all title, copyright and other proprietary rights in the Equipment, Data Delivery Services and Applications, including all updates, custom modifications and derivatives, all of which shall remain the property of E-SENS
8. Intellectual Property
The “ROAM” Application and all rights attached thereto are the exclusive property of the Publisher, which includes both the structure and content of the Application.
In particular, the software and other functionalities allowing the realization of the Water Quality Data provided to the User are the object of an exclusive right of intellectual property, for the benefit of the Publisher. As such, the User has a limited license, as stated above, to use all the features made available in the ROAM Application.
The User expressly undertakes that the use of the Application does not in any way affect the rights of the Publisher, and in particular that such use does not constitute an infringement, or unfair competition of information.
9. Representation and Warranties
E-SENS warrants that the Services provided will be of a quality conforming to general standards of use.
E-SENS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
User for itself and on behalf of its entity and each authorized User represents and warrants to E-SENS that:
- (A) User shall comply with all terms and conditions and policies for use of the Services.
User shall and hereby does defend, indemnify and hold E-SENS and its suppliers and licensors harmless from and against any and all claims, losses, damages, liabilities, obligations, judgments, causes of action, costs, charges and expenses (including without limitation, reasonable attorneys’ and consultants’ fees and such fees and penalties as any third party licensors may impose) arising out of or in connection with: (i) any breach of this Agreement by User and/or its Authorized User Users; (ii) any civil and/or criminal suit alleging that E-SENS had no right or authority to access the Water Quality Data or Services; (iii) any User and/or Authorized User negligence, recklessness or willful misconduct; or (iv) any violation of, or non-compliance with laws. User’s obligations under this Section do not apply to the extent that claims are directly caused by the gross negligence of E-SENS.
10. Limitation of Liabiliyt
IN NO EVENT SHALL E-SENS, ITS SUPPLIERS, LICENSORS OR SUBCONTRACTORS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, CORRUPT DATA OR USE, LOSS OF USER DATA, CORRUPT OR UNAVAILABLE USER DATA, LOSS OF USE OF USER DATA, LOST OPPORTUNITY, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES OR FOR INTERRUPTED COMMUNICATIONS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE ROAM EQUIPMENT, DATA DELIVERY SERVICES OR USER’S WEB PAGE AND INCURRED BY USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT OR STRICT LIABILITY, EVEN IF E-SENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING NOTWITHSTANDING, IN NO EVENT SHALL E-SENS’S LIABILITY FOR DAMAGES HEREUNDER TO USER EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY USER PURSUANT TO THE E-SENS SERVICES UNDER THIS AGREEMENT PRIOR TO THE CLAIM GIVING RISE TO THE LIABILITY. USER HEREBY INDEMNIFIES, HOLDS HARMLESS AND AGREES TO DEFEND E-SENSAGAINST ANY THIRD PARTY CLAIM.
THE FOREGOING LIMITATION OF LIABILITY SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
11. Initial Dispute Resolution/Jury Waiver
All disputes shall be referred to the parties’ respective representative designated by each party. If such designated representative(s) are unable to resolve the dispute within seven (7) business days, the parties shall submit the dispute to a senior executive from each party for resolution. Thereafter if the dispute remains unresolved for an additional seven (7) day period, the parties may pursue resolution through any lawful means.
- As between themselves, the parties are independent contractors with no authority to contract for or in any way to bind or to commit the other to any agreement of any kind or to assume any liabilities of any nature in the name of or on behalf of the other.
- This Agreement shall be governed by the laws of the State of Utah without giving effect to principles of conflict of laws and shall benefit and be binding upon the parties hereto and their respective successors and assigns. The parties hereby consent to jurisdiction in the State of Utah and agree that, subject to E-SENS’s right to seek equitable relief in any court of competent jurisdiction, the courts within Utah shall have exclusive jurisdiction over any issues regarding the enforcement of this Agreement. The United Nations Convention on the International Sale of Goods shall not apply.
- Any notice given pursuant to this Agreement must be in writing and will be given by overnight courier service, personal delivery, or by United States certified mail, return receipt requested, postage prepaid, to the addresses appearing in the Proposal. Notice will be deemed effective on the date delivered to the addressee as confirmed by the applicable delivery service. Either party may change its address for notice purposes by giving the other party notice of such change in accordance with this Section.
- The failure of E-SENS to insist upon a strict performance of or to seek remedy of any one of the terms or conditions of this Agreement or to exercise any right, remedy or election set forth herein or permitted by law shall not constitute nor be construed as a waiver or relinquishment for the future of such term, condition, right, remedy or election, but such items shall continue and remain in force and effect. All rights or remedies specified in this Agreement and all other rights or remedies that E-SENS may have at law, in equity or otherwise shall be distinct, separate and cumulative rights or remedies, and no one of them, whether exercised by E-SENS seeking enforcement or not, shall be deemed to be in exclusion of any other right or remedy. Any consent, waiver or approval by either party of any act or matter must be in writing and shall apply only to the particular act or matter to which such consent or approval is given.
- Neither this Agreement nor any license granted hereunder may be assigned by User without the prior written consent of E-SENS, which may be withheld for any reason, and any such assignment is void.
- The captions are for convenience and in no way define, limit or enlarge the scope of this Agreement or any of its Sections.
- If any provision of this Agreement or application to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement, or the application of such provisions or circumstances shall be valid and shall be enforced to the fullest extent permitted by law.
- E-SENS shall have no liability for delays, failure in performance or damages due to fire, explosion, terrorism, lightning, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities, inability to secure materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers or any other causes beyond E-SENS’s control.
- User agrees to comply fully with all relevant export laws and regulations of the United States to assure that neither the E-SENS Intellectual Property Rights nor any direct product thereof are (a) exported directly or indirectly, in violation thereof; or (b) are intended to be used for any purposes prohibited thereby.
- The definitions wherever located and any other provisions or terms that by their nature should survive, shall survive the expiration or termination of this Agreement.
- Any claim by a User arising out of or in connection with this Agreement shall be brought within one (1) year of the date on which the claim first arose. In the event any legal action is taken by either party to enforce the terms of this Agreement, the non-prevailing party shall pay all related court costs and expenses, including without limitation, the prevailing party’s reasonable consultants’ and attorneys’ fees.