Last revised : August 16 2018
Opensense Inc. ( "Opensense", "Company" or "we") welcomes you to the website at the address http://www.opensense.com (the "Site"). The Site contains information on its service which enables you to design and customize your emails with email applications (the "Service") and Software products, including Opensense’s proprietary software enhancing emails with email applications through various third-party web browsers, email clients and online modules (the "Software"). The Software and the Service shall be collectively referred to hereinafter as the "Platform". The users of the Platform ("User" or "you") are invited to use the Platform in accordance with these terms and conditions.
The Terms may be revised and updated from time to time, with or without any notice. Opensense shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. Opensense urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: http://www.Opensense.com/terms.
The Platform enables you to design and customize your emails Among other things, you may add to your e-mails your very own personal content and you may also integrate into your emails various applications offered on the Platform by Opensense and third parties. The Service is provided both to registered Users and non-registered Users. Registered Users may choose Premium Account, subject to certain payment obligations detailed in Section 4 (Consideration) below. Opensense shall make the Platform available from time to time and in its sole discretion. Opensense explicitly states, and you hereby acknowledge, that no representation or guaranty is given with regard to the availability of the Platform.
You must comply with your local electronic mail laws. Unsolicited emails are not allowed.
Your contract will automatically renew if written cancellation is not received within 30-days of the contract renewal date.
Any late payments on invoices are subject to a $50 + 1.5% per month penalty.
There are certain conducts which are strictly prohibited. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your Account and may expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
(i) Use the Platform in any form of spam or unsolicited mail.
(ii) Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Site and/or the Platform in any way;
(iii) Create a browser, frame, border environment or GUI around the Site or the Platform;
(iv) Interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
(v) Interfere with or violate Users’ rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device, process or method to access the Site and/or retrieve index and/or data-mine information;
(vi) Impersonate any person or entity or provide false information;
(vii) Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Opensense endorses you, your website, your business or any statement you make, or present false information about the Site;
(viii) Transmit, distribute, display or otherwise make available through or in connection with the Site and/or the Platform any content, including User Generated Content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content.
(ix) Use the Site and/or the Platform for any illegal, unlawful or unauthorized purposes;
(x) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Platform infrastructure; including, without limitation, by placing any content generated through the Platform in any other software or service.
(xi) Bypass any measures we may use to prevent or restrict access to the Platform;
The Site, the Platform and all Intellectual Property right pertaining thereto (other then User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are fully owned or licensed to Opensense and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Notwithstanding the above, certain third party content made available or displayed on the Platform. The Software and/or the Site may be owned by third parties. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property pertaining to the Site or the Portal.
"Opensense.com", "Opensense", "Opensense Email Apps", Opensense’s logo and all other proprietary identifiers used by the Company in connection with the Site and Service ("Company Trademarks") are all trademarks and/or trade names of the company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
You may terminate this Agreement at any time by calling Opensense Customer Support or, if you are accessing our Products by contracting with a reseller, contacting such reseller. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND Opensense IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT. Opensense may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Opensense shall have no liability to you or any third party because of such termination or action. Opensense will delete all of your archived data within 60 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. All payment obligations accrued prior to the effective date of termination shall survive termination. If your account is classified (at Opensense’s sole discretion) as inactive for over 120 days, Opensense has the right to permanently delete your subscriber data.
THE SITE AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Opensense DOES NOT WARRANT THAT THE SITE AND/OR THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. Opensense MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR THE PLATFORM AT ANY TIME OR TO DISCONTINUE DISPLAYING WEBPAGES AND ANY CONTENT WITHOUT A NOTICE TO YOU. Opensense MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE AND/OR THE PLATFORM OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE OR THE SERVICE FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL. Opensense HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE PLATFORM AND/OR THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE SITE AND/OR PLATFORM. Opensense DOES NOT ENDORSE ANY AUTHOR, WEBSITE, OR PRODUCT MENTIONED IN ANY USER GENERATED CONTENT.
THE USE OF THE SITE AND THE PLATFORM IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE PLATFORM, OR THE USE OR INABILITY TO USE THE SITE AND/OR THE PLATFORM, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE SERVICE REVENUE PAYED TO Opensense WITHIN 6-MONTHS. Opensense HEREBY FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE USE BY ANY THIRD-PARTY OF ANY OF THE INFORMATION, WHETHER PERSONAL OR OTHER, YOU HAVE MADE PUBLICALLY AVAILABLE ON OR THROUGH THE PLATFORM.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site and/or Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Company’s Copyright Agent can be reached through the following address:
8 The Green
Dover, DE 19901
For information or questions please contact: