ONLINE Terms Last updated:  May 2022 

Please review these Terms of Sale carefully as these terms govern your purchase of the products in your order (the “Product”) from Sensified LLC (“Sensified”) and set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those contained in our product warranties. These are the Terms of Sale under which we are willing to provide you with the Product. Please be certain you understand them.

These Complete Terms of Sale include provisions relating to U.S. and End User sales only, payment methods, prices, sales tax, gift cards and promotions, shipping, services including monitoring services and software license which may not be included in any additional print terms of sale.

U.S. Sales Only

Purchases from Sensified or any authorized retailer are available only in the United States. You agree not to use or attempt to use any Sensified product or service from outside of the United States or for any illegal or unlawful purpose.  You also agree not to transfer or otherwise provide any Sensified product [or Product components] to any third party for use outside of the United States.

To the extent permitted under applicable law, any sale, offer of sale, transfer or attempted transfer of any Sensified product or Product components to a third party outside the U.S. relieves Sensified of any obligations under these terms and makes you the seller or transferer liable for those obligations at Sensified’s sole discretion.

Sales to End Users Only

Purchases made through the sensified.io website or from any authorized retailers are for end user customers only. To the extent permitted by applicable laws, any offers of transfers, transfers, offers of sale, sales or resales to dealers, resellers or distributors or any other third-party anywhere in the world are prohibited and invalidate the Limited Warranty described hereinafter. This Limited Warranty shall also only apply to sales made to end user customers directly from Sensified or an authorized retailer.

Payment Methods

Sensified accepts credit cards and debit cards as forms of payment. If a credit card is being used for a transaction, Sensified may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or when the order is shipped.

Sensified accepts the following credit cards: Visa, MasterCard, American Express, and Discover. We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order.

Prices

Your total price will include the price of the products in your order plus any applicable sales tax and shipping charges, less any discounts offered. Sensified reserves the right to change prices for products offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

Sales Tax

Sensified website transactions will include sales tax based on the delivery address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received will apply. You are responsible for all applicable sales taxes, and Sensified has the right to collect any tax it believes it is obligated to collect.

Shipping

Delivery will be by common carrier F.O.B Sensified’s shipping point. You assume sole risk of loss or destruction to the Product during shipment.

Limited Warranty

Sensified warrants to you, the initial purchaser of the Product from Sensified or an authorized retailer, that each of the products that make up your Sensified Product (“Covered Products”) will be free from defects in materials and workmanship under normal use and service for six (6) months from the date that you purchase the Covered Products.  This limited hardware warranty is non-transferrable. As a condition of this warranty, Sensified may require that you provide proof of purchase during the warranty period and/or return the defective Covered Product. If Sensified requires the return of the defective Covered Product, return shipping costs will be paid for by Sensified.

• Replacement of Covered Products:

For valid warranty claims made during the warranty period with respect to Covered Products, Sensified may provide you with a substantially functional equivalent product or part to replace the defective item. 

Replacement products provided under this Limited Warranty may be new, repaired or reconditioned, at the sole option of Sensified. Sensified warrants any replacement products for six (6) month limited warranty period from the date the replacement parts are shipped to you.

Additionally, if a Covered Product has been discontinued and/or the substantially functional equivalent available replacement product or part to be issued in connection with this warranty would no longer be compatible with your Product, at Sensified’s sole discretion, Sensified may offer you additional substantially functional equivalent replacement product(s) to address the compatibility issue. You understand and agree that this offer to replace other Product components to address compatibility issues shall fully satisfy Sensified’s remedy under this or any other applicable product warranty (to the extent this does not contradict or conflict with the terms thereof).  If rejected, you will be deemed to have waived any other rights or remedies under this Limited Warranty.  In no event shall Sensified bear any responsibility for installation any replacement product or part or the cost of such installation.

• Refund or Credit:

At Sensified’s sole option and discretion, in lieu of replacing the defective Covered Product, Sensified may instead offer to refund the original purchase price you paid to Sensified or an authorized retailer for the Covered Product. If the defective Covered Product does not have a separate purchase price, Sensified shall determine a purchase price based upon the overall purchase price of any system that the defective Covered Product may have been a part of.  Such determination shall be solely within Sensified’s discretion. 

For warranty service, please contact Sensified Customer Support at 404-947-7991 or visit www.sensified.io and click on “Contact Us”. If Sensified is unable to address the issue that you are facing, Sensified will, subject solely to its discretion, determine the appropriate warranty remedy or warranty remedy option, as listed above.  

As explained above, Sensified may, at its discretion, require you return the Covered Product before Sensified determines which warranty remedy option to provide.  In this situation, Sensified will provide you with a prepaid return slip for you to return your old product or part to Sensified.  In the event that Sensified opts to send you a replacement product or part, as a remedy under this Limited Warranty and does not require prior return of such product or part as part of the warranty validation process, such replacement product or part may at Sensified’s discretion still be shipped along with a postage prepaid return slip, and you will return your old product or part to Sensified using such slip. Failure to return your old product or part in this instance may void any limited warranty on your replacement product or part, to be determined at Sensified’s sole discretion.

This Limited Warranty does not apply in the following cases: failure to follow installation or operating instructions, misuse (which includes, without limitation, using products outdoors unless outdoor use is expressly permitted, and in such cases only as directed, and/or use in improper temperature, humidity or other environmental conditions), alteration, abuse, accident or tampering, or damage or non-performance resulting from use of any item or repair services not provided by Sensified, as well as where your Product or any component thereof is obtained from a third party other than Sensified or an authorized retailer.  This Limited Warranty also does not apply if damage was caused by Acts of God, natural disasters, labor disputes, war, terrorism, civil strife, or other causes beyond Sensified’s control (including but not limited to changes impacting the performance, operation or sustainability of third-party communications and technology platforms, networks and protocols). Consumable parts, such as batteries or battery replacement, and adhesive tapes are excluded from this Limited Warranty. Products that are tested and found to be in good working condition (not defective) are not covered by this Limited Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. SENSIFIED DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, SENSIFIED LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY DESCRIBED ABOVE OR THE SHORTEST PERIOD ALLOWED BY LAW. IN NO CASE SHALL SENSIFIED OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES (EACH, A “SENSIFIED PARTY” AND COLLECTIVELY, THE “SENSIFIED PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS LIMITED WARRANTY OR ANY OTHER WARRANTIES WHATSOEVER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Sensified does not represent that the Product may not be compromised or circumvented; that the Product will prevent any personal injury or property loss; or that the Product will in all cases provide adequate warning or protection.  You understand that the Product may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised.

CONSEQUENTLY, NO SENSIFIED PARTY, AS DEFINED ABOVE, SHALL HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, “LOSSES”), INCLUDING ANY PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY A CLAIM THE SYSTEM FAILED TO GIVE WARNING. HOWEVER, IF ANY SENSIFIED PARTY, AS DEFINED ABOVE, IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY THIS LIMITED WARRANTY OR OTHERWISE, THE AGGREGATE LIABILITY OF ALL SENSIFIED PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE SENSIFIED PARTIES, AS DEFINED ABOVE. YOU ACKNOWLEDGE AND AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE OF THE SYSTEM TO GIVE WARNING. THIS AGREED-UPON AMOUNT (THE PURCHASE PRICE OF THE SYSTEM) IS NOT A PENALTY, AND IS THE SOLE REMEDY.

By purchasing from Sensified, you acknowledge that you have had an opportunity to review Sensified’s warranty terms, have done so to the degree you feel you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers. 

Satisfaction Guarantee

Unless specified otherwise, any satisfaction guarantee or money back guarantee offers are made on an item by item basis (whether the items is purchased alone or as part of a larger order).  The term for any satisfaction guarantee is limited and the start date for any such guarantee is the date of delivery of that specific item for items ordered directly from Sensified, or the purchase date for any items purchased from an authorized retailer.  Unless specified otherwise, the time frame for any satisfaction guarantee is 30 days.

To the extent permissibly by law, Satisfaction Guarantees only apply to initial purchaser, purchasing directly from Sensified or through an authorized retailer, and are non-transferable.  As a condition of this guarantee, Sensified may require that the customer produce proof of purchase to confirm the purchase date.

LIMITATIONS OF LIABILITY AND RELEASE

Sensified does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in Sensified’s Limited Warranty. In particular, as described in Sensified’s Limited Warranty, Sensified does not represent that the Product may not be compromised or circumvented; that the Product will prevent any personal injury or property loss; or that the Product will in all cases provide adequate warning or protection.  You understand that the Product may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the Product (including any Camera). You understand that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or other events occurring without providing an alarm, but it is not an insurance or a guarantee that such will not occur or that there will be no personal injury or property loss as a result.

BY AGREEING TO THESE TERMS, YOU ARE RELEASING EACH SENSIFIED PARTY, AS DEFINED ABOVE, ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THE TERMS OF SALE FROM ALL LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE. UNDER NO CIRCUMSTANCES WILL ANY SENSIFIED PARTY, AS DEFINED ABOVE, BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. NOTWITHSTANDING THE FOREGOING, EVEN IF A SENSIFIED PARTY, AS DEFINED ABOVE, IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, ANY SUCH LIABILITY IN THE AGGREGATE OF ALL SENSIFIED PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL SENSIFIED PARTIES, AS DEFINED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Release of Insured Losses; Waiver of Subrogation

You release all Sensified Parties for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against any Sensified Party for money paid to you or on your behalf.

INDEMNIFICATION

IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY SENSIFIED PARTY, AS DEFINED ABOVE, TO PAY FOR ANY LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, YOU SHALL INDEMNIFY, DEFEND AND HOLD EACH SENSIFIED PARTY, AS DEFINED ABOVE, HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES, ASSERTED AGAINST OR INCURRED BY SUCH PARTIES. THE DUTY TO DEFEND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST SENSIFIED AND DOES SO REGARDLESS OF WHETHER SENSIFIED HAS BEEN FOUND LIABLE OR WHETHER SENSIFIED HAS INCURRED ANY EXPENSE. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.

Software

Software embedded within any Sensified Product is licensed to you under this section on a non-exclusive and limited basis, and not sold. You may use such software only in connection with the product in which it is embedded, and may not modify, distribute, copy or reverse engineer such software. Such software may contain, include, or be provided together with third-party software components, including software made available under an “open source” or similar licenses (“Third-Party Components”). Copyrights to the open source software are held by the respective copyright holders indicated therein. To the extent required by the license covering any Third-Party Component, the terms of such license will apply to such Third-Party Component instead of the terms of this Agreement. To the extent the license applicable to any Third-Party Component prohibits any of the restrictions herein with respect to such Third-Party Component, such restrictions will not apply to such Third-Party Component. To the extent the terms of the license applicable to any Third-Party Component requires Sensified to make an offer to provide source code or related information in connection with such Third-Party Component, such offer is hereby made. All rights with respect to such software not licensed to you hereunder are fully reserved by Sensified and/or its licensors.  

Privacy

Please refer to Sensified’s privacy policy at www.sensified.io/privacy-policy for important information about our collection, use and sharing of your personal information.