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.
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:
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/
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:
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
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:
E-SENS also saves passwords. However, they are inaccessible and absolutely not usable by E-SENS.
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:
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:
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.
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
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.
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:
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.
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.
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.