SENSAY Terms of Use
Last Updated: May 19, 2025
Welcome to SENSAY. This Terms of Use Agreement (“Agreement”) is a binding legal contract between you (“User,” “you,” or “your”) and SENSAY LLC (“Company,” “we,” “us,” or “our”), governing your access to and use of the SENSAY mobile application (“App”) and related services, websites, content, and technologies (collectively, the “Services”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, ACCESSING, OR USING THE APP OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
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License Grant
Subject to this Agreement, SENSAY LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App for your personal, non-commercial use strictly in accordance with this Agreement and the documentation provided.
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Eligibility
You must be at least 13 years old to use the App. If you are under 18, you represent that you have obtained parental or guardian consent. If you are using the App on behalf of an organization, you represent and warrant that you are authorized to bind that organization to this Agreement.
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Health Disclaimer
THE SENSAY APP IS NOT A MEDICAL DEVICE. The information provided is intended for general fitness and wellness purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
You acknowledge and agree:-
You are responsible for your own health and safety.
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You should consult a licensed physician before starting any fitness program, especially if you have underlying medical conditions.
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SENSAY LLC disclaims any liability for adverse events or injuries related to the use of the App.
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Subscriptions and Payments
Data is processed on secure servers hosted by Firebase located in the United States.
The App offers optional paid subscriptions:-
Auto-Renewal: Subscriptions renew automatically unless canceled 24 hours before the current term ends.
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Billing: Payments are processed via your app store account (Apple or Google). All fees are non-refundable except as required by law.
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Changes: We reserve the right to modify subscription fees and terms at any time with notice, effective on your next billing cycle.
You may cancel your subscription in your device’s app store settings.
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User Responsibilities
You agree not to:-
Violate applicable laws or third-party rights;
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Reverse engineer, modify, decompile, or disassemble the App;
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Use the App in a way that may damage, disable, overburden, or impair our infrastructure;
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Engage in harassment, abuse, or conduct that may harm others or disrupt the community;
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Impersonate others or misrepresent your identity.
We reserve the right to suspend or terminate your account for any violation of this Agreement.
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Ownership and Intellectual Property
All content, trademarks, code, analytics, designs, and materials within the App and Services are the intellectual property of SENSAY LLC or its licensors. You are granted no rights or licenses except those expressly provided in this Agreement.
You may not reproduce, distribute, create derivative works from, publicly display, or exploit any portion of the App without prior written consent.
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Privacy
Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and safeguard your personal data. By using the App, you consent to our data practices in accordance with applicable privacy laws including the GDPR, CCPA, and HIPAA, where applicable.
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Third-Party Services and Devices
SENSAY integrates with third-party wearable devices (e.g., Apple Watch, COOSPO, Garmin). We do not warrant the availability, accuracy, or reliability of any third-party services or hardware. Your use of such integrations is at your own risk and subject to third-party terms.
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Indemnification
You agree to indemnify, defend, and hold harmless SENSAY LLC, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from:-
Your use or misuse of the App or Services;
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Your violation of this Agreement;
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Your violation of any third-party rights.
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No Warranties
THE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENSAY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.
WE DO NOT GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
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No Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SENSAY LLC OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP.
IN ANY CASE, OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
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Termination
We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason. Upon termination, your right to use the App will cease immediately. Sections 5–15 shall survive termination.
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Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of New York, United States, without regard to conflict of laws.
Any dispute shall be resolved by binding arbitration in New York County, NY, under the rules of the American Arbitration Association (AAA). You agree to waive any right to a jury trial or class action.
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Modifications
We reserve the right to modify these Terms at any time. Continued use of the App after modifications constitutes your acceptance. We encourage you to review this Agreement periodically.
Contact Information -
If you have questions about these Terms, contact us at:
hello@sensay.xyz
(646) 491-6115