Terms of Service
Sensar Marine US, Inc. designs products and tools that help you monitor your boat from a distance. These Terms of Service (“Terms”) govern your access to and use of (a) Sensar Marine devices, including the Boat Monitor, Bilge Sentry, Expansion Hub, and related sensors and accessories, together with their firmware (the “Devices”), and (b) the Sensar Marine monitoring and notification service, including our applications, software, websites, web portal, and APIs (the “Sensar Service”).
These Terms are an agreement between you and Sensar Marine US, Inc., a Delaware corporation with its principal place of business at 15 Depot Square, Lexington, MA 02420 (“Sensar Marine,” “Sensar,” “we,” “us,” or “our”).
You must accept these Terms to create a Sensar Marine account and to access or use the Sensar Service. If you use any Device or any part of the Sensar Service without an account, you accept these Terms by that use. If you do not accept these Terms, do not create an account or use the Devices or the Sensar Service.
1. READ OUR PRIVACY POLICY
For information about our handling of Personal Data please see our Privacy Policy. By agreeing to the Terms, or accessing or using the Sensar Service, you agree that we can collect and use your information in accordance with the Privacy Policy.
2. USE OF THE SENSAR SERVICE
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Sensar Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Sensar Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Sensar Service.
You may only connect to the Sensar Service and/or the Devices using (i) a device that is manufactured, distributed or sold by Sensar Marine itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software or devices; or (iii) our websites (“Authorized Connections”).
You may not connect to the Sensar Service with any device that is not manufactured, distributed, or sold by Sensar Marine itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Device); otherwise intends to resemble or purports to be a Sensar Marine device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Sensar Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact support@sensarmarine.com.
3. CREATING AN ACCOUNT
Full use of the Sensar Service and/or the Devices requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Sensar Marine is not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact our customer support if you discover or suspect any security breach related to the Sensar Service or your account.
4. NECESSARY EQUIPMENT
Full use of the Sensar Service and/or the Devices is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Sensar Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
Roaming: Every country has the right to set limits on roaming. You are responsible for knowing and complying with the laws and requirements of any location where you use a Device, and for confirming that you are allowed to use the Device there. Neither Sensar Marine nor any Communications Provider (as defined in Section 10) is liable for confiscation of equipment, lost revenue, fines, penalties, or any other consequences of illegal or disallowed roaming.
5. YOUR CONTENT ON THE SENSAR SERVICE
Sensar Marine may enable you to upload, store, share, send, or display photos, images, video, text, and other content to the Sensar Service (“Your Content”). The Devices and the Sensar Service also collect or generate data, including sensor readings, location, and alerts (“Device Data”). You grant Sensar Marine a non-exclusive, worldwide, royalty-free license, sublicensable to our service providers, to host, store, copy, process, transmit, display, and modify Your Content and Device Data as needed to provide, maintain, support, and improve the Devices and the Sensar Service. Sensar Marine may also create aggregated or de-identified data from Device Data that cannot reasonably identify you or your vessel, and may use, license, and share that data for any lawful purpose.
If you choose to share Device Data with an insurer or other approved partner, including by enrolling in a partner program through the Sensar Service, you authorize Sensar Marine to share Device Data, including Personal Data, with that partner. The partner will process it as an independent controller under its own privacy terms. Sensar Marine otherwise shares Personal Data only as described in our Privacy Policy, including for legal reasons, to prevent harm, and in connection with a change of ownership.
You represent and warrant that Your Content, the use and provision of Your Content on the Devices, and your use of the Sensar Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
6. SENSAR MARINE’S RIGHTS
“Sensar Content” and/or “Sensar Data” includes any photos, images, graphics, video, audio, data, text, music, boat owning regimens, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Sensar Service. Sensar Content, the Sensar Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Delaware, the United States, and foreign countries. We reserve all rights not expressly set out in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Sensar Service. Our logos and any other Sensar Marine trademarks that may appear on the Sensar Service and/or the Devices, and the overall look and feel of the Sensar Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Sensar Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
7. WHAT YOU CAN DO ON THE SENSAR SERVICE
You may use the Sensar Service for personal use or, if you are acting on behalf of a business, for that business’s internal operations, including monitoring vessels it owns, operates, or manages. You may not resell the Sensar Service or provide it to third parties as a service unless Sensar Marine agrees in writing. If you accept these Terms on behalf of a business, “you” means that business, and you confirm that you have authority to bind it.
Sensar Marine grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to (1) access and use the Sensar Service, (2) access and view the Sensar Content, (3) access and use the software and mobile applications provided by the Sensar Service, and (4) use any potential software that is embedded into Sensar devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Sensar Service. This license is provided solely for the uses permitted in this Section 7 and these Terms. A list of third-party open-source components included in the Sensar Service, along with their respective license notices, is available on our Software Licenses page; your use of those components is governed by the applicable third-party license.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Sensar Content, Sensar Service, the Devices or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sensar or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Sensar Service: (1) use, display, mirror, or frame the Sensar Service or any individual element within the Sensar Service, including the layout and design of any page, without Sensar’s express written consent; (2) use Sensar name, any Sensar trademark or logo, or any Sensar proprietary information without Sensar’s express written consent; (3) access or tamper with non-public areas of the Sensar Service, Sensar Marine’s computer systems, or the technical delivery systems of the Devices; (4) test the vulnerability of any Sensar system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Sensar or any of Sensar’s providers or any other third party (including another user) to protect the Sensar Service; (6) access the Sensar Service or Sensar Content through the use of any mechanism other than through the use of an Authorized Connection, Sensar Service, or Sensar API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Sensar provides to you or any other part of the Sensar Service.
8. HYPERLINKS
You are granted a limited, nonexclusive, and non-transferable right to create a text hyperlink to the Sensar Service for non-commercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Sensar’s sole discretion.
9. OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable access to the Sensar Service at any time and without notice, and at our sole discretion, if we determine that the Sensar Content, the Devices or your use of the Sensar Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Sensar Service, and in response may take any action we may deem appropriate.
10. USE THE SENSAR SERVICE AT YOUR OWN RISK
If you rely on the Sensar Service, you do so solely at your own risk.
The Devices and the Sensar Service are monitoring and notification tools. They are not safety equipment, not a professionally monitored security or alarm service, and not a guarantee that any condition or event will be detected, logged, or reported. They do not replace bilge pumps, float switches, alarms, or other equipment required by law or good seamanship, or regular inspection and maintenance of your vessel. The Sensar Service may fail to detect, log, or report an event, or may report it late or incorrectly, for reasons including loss of cellular or satellite connectivity, loss of power or low battery, the acts or omissions of communications providers, sensor placement, and installation, configuration, or maintenance not performed by Sensar Marine. You remain responsible for the safety, security, and maintenance of your vessel.
Service Availability: The Sensar Service depends on cellular, satellite, and internet networks and other carriers that Sensar Marine does not control (“Communications Providers”). It is available only in the countries and regions the Communications Providers support, which may change from time to time. Availability and quality may be affected by factors outside our control, including physical obstructions, the availability of internet connections, the routing of data over the internet, atmospheric, terrain, and in-building conditions, other causes of radio interference, and faults in other telecommunications networks and systems connected to those networks. The Sensar Service also relies on the proper functioning of Sensar Marine’s own servers and equipment.
You acknowledge that (a) Sensar Marine’s servers and the Communications Providers’ networks have limited capacity; (b) the Sensar Service may be refused or limited because of capacity limits, including during repair, testing, upgrade, or modification of those servers or networks; (c) public safety organizations may take priority over your use of the Communications Providers’ networks in an emergency; and (d) our ability to provide the Sensar Service depends on the proper functioning of, and available capacity on, the Communications Providers’ networks and any third-party gateway, roaming, exchange, interconnection, or other carrier systems needed to complete a transmission.
Neither Sensar Marine nor any Communications Provider will have any liability to you for any effect on the quality or availability of the Sensar Service described in the two preceding paragraphs, and you remain responsible for paying Service Charges (as defined in Section 12) during any such effect.
Our goal is to provide helpful and accurate information on the Sensar Service, but we make no endorsement, representation, or warranty of any kind about any Sensar Content, information, or services. The accuracy of the data collected and presented through the Sensar Service is not intended to match that of high-grade industrial devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the Sensar Service. Sensar Content and the Sensar Service may change from time to time or vary by geographic location. Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete.
Use of the Sensar Service should not replace your good judgement and common sense.
11. DMCA/COPYRIGHT POLICY
Sensar Marine respects the intellectual property of others and expects its users to do the same. It is Sensar’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
12. PURCHASES, WARRANTY, AND SUBSCRIPTIONS
Sensar’s Terms of Sale and Returns and Warranty Policy apply to purchases of physical goods and services from Sensar. The Terms of Sale are incorporated into and are made a part of these Terms. All orders placed are subject to Sensar’s acceptance. We may accept, decline or place limits on your order for any reason.
Subscriptions: Paid subscriptions to the Sensar Service (each, a “Subscription”) are governed by this Section 12. A Subscription includes cellular communication between your Device and Sensar Marine’s servers; text (SMS) and email notifications from Sensar Marine’s servers to you; access to the Sensar Marine web portal over the internet; access to customer support during your Subscription; free software updates; and the right to use software included in the Sensar Service. All cellular communication between your Device and Sensar Marine’s servers is included in the Service Charge.
Contract Period and Service Charges: Each Subscription has an initial term stated at purchase (the “Contract Period”), which begins on the date the first Billing Cycle starts. You agree to pay the monthly or annual fee for your Subscription (the “Service Charge”) promptly for as long as your Subscription is in effect. The Service Charge is billed on the monthly or yearly anniversary of your Subscription (each, a “Billing Cycle”), either automatically to the credit card or other payment method on file or by invoice, as agreed at purchase. If you pay automatically, you must keep valid payment information current through Sensar Marine’s web portal, the web portal of a reseller or distributor approved by Sensar Marine, or another method we approve. If you pay by invoice, payment is due by the date stated on the invoice, by electronic funds transfer or another method we accept. If you do not pay the Service Charge when due, we may limit or terminate your use of the Sensar Service or terminate your Subscription.
Price Changes: We may adjust prices and Subscription terms when factors outside our control require it, as determined by us in our sole discretion, including changes required by a Communications Provider. We will give you at least one (1) month’s notice before any such adjustment takes effect.
Automatic Renewal and Cancellation: Your Subscription renews automatically at the end of the Contract Period and at the end of each Billing Cycle after that, and the Service Charge will be charged or invoiced at each renewal until you cancel. You may cancel at any time by contacting customer support at support@sensarmarine.com or through your online or app account where that option is offered. Cancellation takes effect at the end of the current Billing Cycle, and Service Charges already paid are not refunded. We will send you a confirmation of cancellation.
13. FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas or feedback to us, you agree that we can use, disclose, reproduce, distribute and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Sensar Marine, or obtained from sources other than you.
14. ALERTS AND NOTIFICATIONS
As part of your use of the Sensar Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Sensar Service by contacting our customer support. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
Alerts and notifications depend on the Devices, communications networks, and third-party messaging, email, and push-notification services that Sensar Marine does not control. They may be delayed, not delivered, or triggered when no event has occurred. You are responsible for keeping your contact information and notification settings current, for making sure you can receive alerts, and for responding to them. Unless Sensar Marine has agreed otherwise in writing, Sensar Marine does not monitor your alerts, contact you or anyone else on your behalf, or dispatch emergency services or other responders.
15. CHANGES TO THE SENSAR SERVICE
Sensar may change or discontinue, temporarily or permanently, any feature, component or content of the Sensar Service at any time without notice. Sensar Marine is not liable to you or to any third party for any modification, suspension or discontinuance of any feature, component or content of the Sensar Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Sensar products without prior notice to you.
16. TERMINATION
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Sensar Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you, except as stated in this Section 16. If we terminate your paid Subscription for any reason other than your breach of these Terms, nonpayment, or misuse of the Sensar Service, we will refund any prepaid Service Charges for the unused portion of the Subscription. Upon any such suspension, deactivation, or termination, we may delete, remove, or anonymize Device Data and other information related to your account in accordance with our Privacy Policy. You may close your account at any time by contacting customer support. Closing your account does not end your obligation to pay Service Charges as described in Section 12.
17. DISCLAIMERS
THE DEVICES, THE SENSAR SERVICE, AND SENSAR CONTENT AND/OR DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR THE LIMITED WARRANTY ON DEVICES STATED IN SENSAR’S RETURNS AND WARRANTY POLICY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS, THE DEVICES, OR THE SENSAR SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING NAVIGATION OR SAFETY OF LIFE), TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, IT IS LIMITED IN DURATION TO THE WARRANTY PERIOD STATED IN THE RETURNS AND WARRANTY POLICY. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU. WE MAKE NO WARRANTY THAT THE SENSAR SERVICE OR SENSAR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE SENSAR SERVICE OR ANY SENSAR CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR A DEFECTIVE DEVICE IS REPAIR, REPLACEMENT, OR REFUND AS PROVIDED IN THE RETURNS AND WARRANTY POLICY.
18. INDEMNITY
You will indemnify and hold harmless Sensar Marine and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable lawyers’ fees, arising out of or in any way connected with (i) your access to or use of the Sensar Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
19. LIMITATION OF LIABILITY
NEITHER SENSAR, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SENSAR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSAR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENSAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENSAR WILL NOT BE LIABLE FOR DAMAGE TO OR LOSS OF ANY VESSEL, ENGINE, EQUIPMENT, CARGO, OR OTHER PROPERTY, OR FOR SALVAGE, TOWING, OR RECOVERY COSTS, ARISING FROM ANY FAILURE OF THE DEVICES OR THE SENSAR SERVICE TO DETECT, LOG, OR REPORT ANY CONDITION OR EVENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SENSAR AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE DEVICES, OR THE USE OF OR INABILITY TO USE THE SENSAR SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID OR WERE OBLIGATED TO PAY TO SENSAR FOR THE SENSAR SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00) (THE “GENERAL CAP”).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENSAR AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20. DISPUTE RESOLUTION
You agree that any dispute between you and Sensar arising out of or relating to these Terms of Service, the Sensar Service, or any other Sensar products or services (collectively, “Disputes”), such as the Devices, will be resolved as described in this Section 20.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the Laws of Delaware without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sensar, you agree to try to resolve the Dispute informally by contacting support@sensarmarine.com. We will try to resolve the Dispute informally by contacting you via email. If a dispute is not resolved within 30 days after submission, you or Sensar may bring formal proceedings.
Venue: Any Dispute not resolved informally will be brought exclusively in the state or federal courts located in Middlesex County, Massachusetts, and you and Sensar consent to their personal jurisdiction. Either party may bring an individual claim in small claims court. TO THE EXTENT PERMITTED BY LAW, YOU AND SENSAR WAIVE ANY RIGHT TO A JURY TRIAL, AND ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
21. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Sensar Marine and you regarding the Sensar Service, and/or the Devices, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sensar and you regarding the Sensar Service and Sensar Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Sensar Service. When you use the Sensar Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Sensar’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be invalid. Sensar may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Sensar under these Terms, including those regarding modifications to these Terms, will be given via email. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. You may give notices to Sensar by email to support@sensarmarine.com or by mail to the postal address in the Contact Us section below.
Sensar’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sensar. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Sensar is not liable for any delay or failure to perform caused by events beyond its reasonable control, including failures of cellular, satellite, internet, or power networks, acts or omissions of communications providers, natural disasters, severe weather, government action, labor disputes, or cyberattacks.
Sections 5, 6, 10, 13, and 16 through 22, any obligation to pay amounts owed, and any other provision that by its nature should survive, will survive termination of these Terms.
22. ADDITIONAL TERMS MAY APPLY
Some products or services may be subject to additional terms (“Additional Terms”). Additional Terms apply only if Sensar issues them or an authorized representative of Sensar signs them, such as a written agreement or order. If Additional Terms conflict with these Terms, the Additional Terms control, but only for the products or services they cover. Terms in any purchase order, vendor registration, or other document you provide are not Additional Terms and do not apply, even if Sensar accepts or processes that document, unless Sensar expressly agrees in writing to be bound by them.
CONTACT US
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at support@sensarmarine.com or at our postal address below.
Sensar Marine US, Inc.
15 Depot Square
Lexington, MA 02420