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SensTek DX Terms & Conditions

Introduction

Welcome to the terms and conditions (these "Terms") governing your access to and use of the website located at https://senstekdx.com (the "Website"), and any related services, software, mobile applications, hardware, or other tools made available by SensTek (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not understand or do not agree with any of these Terms, please do not use the Services.

For purposes of these Terms:

• "you" and "your" means you as a user of the Services.
• "we", "us", "our", and "SensTek" refer to SensTek DX and its affiliates.

1. Who May Use the Services

• You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction if higher), have full legal capacity, and are accessing or using the Services in compliance with all applicable laws and regulations.
• You agree not to use the Services if you are prohibited from doing so by applicable law or under these Terms.
• If you use the Services on behalf of an organization, you confirm that you have authority to bind that organization and that "you" refers to both you and that organization.

2. User Accounts

To access certain portions of the Services (e.g. dashboards, customer portals, or mobile apps), you may be required to create an account ("Account"). You agree to provide accurate, current and complete information during registration and to update it as necessary.

You are responsible for maintaining the confidentiality of your account credentials. You agree that you are fully responsible for all activities occurring under your Account, whether authorized by you or not. You must notify us immediately of any unauthorized access or security breach.

We reserve the right to suspend, restrict, or terminate your Account or access to the Services — with or without notice — for any reason, including violation of these Terms.

3. Privacy & Data Practices

• By using the Services and providing personal information (such as your name, email address, phone number, device data, usage analytics), you consent to the collection, storage, use, and sharing of such information as described in the Privacy Policy.
• If you upload or process sensor, diagnostic, biosensing, or health-related data, you acknowledge that additional privacy and regulatory obligations (including HIPAA, GDPR, or CCPA) may apply. You agree to comply with such obligations when using the Services.

4. License Grant & Restrictions

License Grant: Subject to your compliance with these Terms, SensTek grants you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to:

• access and use the Services (including any software, mobile app, firmware, or device) solely for your internal, lawful use;
• download or install a single copy of any client software (if provided) onto a device owned or controlled by you.

Restrictions: You may NOT:

• copy, publish, modify, distribute, license, or create derivative works from any part of the Services;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the underlying code or algorithms;
• remove or alter copyright or trademark notices;
• use scrapers, robots, crawlers, or automated tools without written permission;
• interfere with, disrupt, damage, or overload the Services or related networks;
• use the Services for unlawful, infringing, harmful, or unethical purposes;
• access the Services in any way not expressly permitted by these Terms.

Use of Apps, Devices & Sensors: You are responsible for maintaining compatible devices, internet connectivity, and any third-party fees (e.g. mobile data). SensTek does not guarantee compatibility with all operating systems or devices.

5. Ownership & Intellectual Property

Ownership: The Services (software, hardware, firmware, content, UI/UX, data, and related materials) are owned exclusively by SensTek and its licensors. No ownership rights transfer to you.

Trademarks: "SensTek DX" and all related marks are trademarks of SensTek. You may not use these without prior written consent.

Your Feedback: If you provide suggestions or ideas ("Feedback"), you assign all rights in that Feedback to SensTek. SensTek may use it without restriction or compensation.

Your Content: If you upload or submit content, you grant SensTek a worldwide, sublicensable, royalty-free license to use, reproduce, distribute, modify, display, and create derivative works from Your Content in connection with the Services.

6. Disclaimers; Limitation of Liability; Indemnification

No Professional Advice: The Services do not constitute medical, diagnostic, legal, or professional advice unless explicitly stated in a separate written agreement.

Disclaimer of Warranties: The Services are provided "AS IS" and "AS AVAILABLE", without warranties of any kind — whether express or implied. SensTek disclaims all warranties to the maximum extent allowable by law.

Limitation of Liability:

• SensTek will not be liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business interruption).
• SensTek's maximum total liability for any six-month period will not exceed the greater of: (a) USD $100 or (b) the amount paid by you to SensTek in the previous six months.
• Certain jurisdictions may not allow limitations; if so, these limitations may not fully apply.

Indemnification: You agree to defend, indemnify, and hold harmless SensTek and its affiliates from any claims or liabilities arising from: (a) your use of the Services, (b) Your Content, (c) your violation of laws or these Terms, or (d) your infringement of any third-party rights.

7. Termination

We may suspend or terminate your access at any time, with or without notice. Upon termination, all licenses immediately expire, and you must stop using the Services and delete any provided software.

Sections relating to ownership, limitations of liability, indemnification, dispute resolution, and confidentiality survive termination.

8. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California.

Any dispute shall be resolved by binding arbitration conducted in Alameda County, California under the Comprehensive Arbitration Rules. You waive the right to a jury trial or class action.

You may opt out of arbitration by sending written notice to SensTek within thirty (30) days of first using the Services.

Either party may seek injunctive relief in court for intellectual-property or confidentiality violations.

Venue for any permitted non-arbitration dispute is the state or federal courts in Alameda County, California.

9. Modifications to the Terms

SensTek may update these Terms at any time. When updated, the "Last Revised" date will change. Continued use of the Services constitutes acceptance of the updated Terms.

10. General

• Failure to enforce any right does not waive future enforcement.
• You may not assign your rights without consent; SensTek may assign freely.
• These Terms, together with the Privacy Policy, constitute the entire agreement.
• California residents may contact the Department of Consumer Affairs at:
  1625 North Market Blvd., Suite N-112, Sacramento, CA 95834
  Tel: (800) 952-5210

11. How to Contact Us

SensTek DX
Email: info@snstk.com
Address: 2044 Franklin St, Oakland, CA 94612, USA