Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the SensePC platform ("SensePC") and related services (collectively, the "Services"), which are provided by Senseminder LLC ("Senseminder", "we", "our"). SensePC includes Sense PC (virtual desktop) and Sense Cloud (cloud storage).

By creating an Account or using the Services, you agree to these Terms. If you disagree, do not use the Services.

1.1 Modifications to Terms

We may modify these Terms. Material changes require 30 days' notice via email. Continued use after changes constitutes acceptance.

2. Definitions

For purposes of these Terms of Service, the following definitions apply:

• "Services" — Sense PC, Sense Cloud, website, platform, and related tools.
• "User" or "You" — The individual or entity using the Services.
• "Account" — Your registered SensePC account.
• "Content" — Data, files, or other information you upload, submit, store, transmit, or create through the Services.
• "Subscription" — A paid access plan for the Services.

3. Account Registration & Security

3.1 Account Creation

• Provide accurate, current, and complete information when creating or updating your Account.
• You must be at least 16 years old to use the Services, or have the consent and supervision of a parent or legal guardian.
• One Account is permitted per person or legal entity, unless we approve otherwise in writing.

3.2 Password Security

• Maintain the confidentiality of your login credentials and do not share them with any third party.
• Enabling multi-factor authentication (MFA) is strongly recommended to help protect your Account.
• You are responsible for all activity that occurs under your Account, including any actions taken by authorized users or anyone who accesses your Account using your credentials.

If you believe your Account has been compromised, you must notify us promptly and take steps to secure your Account, including changing your password and enabling MFA where available.

4. Description of Services

Senseminder LLC ("Senseminder", "we", "our") provides cloud-based Services through the SensePC platform ("SensePC"). The Services include Sense PC (virtual desktop) and Sense Cloud (cloud storage), along with our website, applications, dashboards, and related tools.

4.1 Sense PC (Virtual Desktop)

Sense PC provides remote access to a cloud-hosted desktop environment that you can use from supported internet-connected devices. Your Sense PC is provisioned based on your selected configuration and Subscription, and may include dedicated resources such as CPU, memory, and storage.

4.2 Sense PC Lifecycle Controls

Sense PC instances are managed through the SensePC dashboard. Depending on availability and your Subscription, you may be able to create, start, stop, connect, resize, and delete a Sense PC.

⚠️ Storage downgrade (reducing allocated disk size) is not supported.

4.3 Operating System Options

Your Sense PC may include access to a pre-configured operating system installed during provisioning. Supported options may include Microsoft Windows and Linux (such as Ubuntu), depending on your configuration and region.

4.4 Storage Within Sense PC

Sense PC storage may include a primary disk used for system files and user data, and may support additional disks for expanded capacity depending on your plan or configuration.

4.5 Monitoring, Scheduling, Idle Timeout, and Notifications

The dashboard may display usage and performance indicators such as CPU utilization, memory load, and instance uptime. Senseminder may also provide scheduling features that allow automatic start and stop times. Sense PCs may automatically stop after inactivity; by default, idle timeout may be set to 6 hours and may be configurable by the Owner or Administrator. We may send system notifications related to usage, billing, performance, scheduling, security, or Service updates via the dashboard and/or email.

4.6 User Management and Access Controls

Senseminder supports role-based controls to help manage access to Sense PC within an organization or household. Roles may include account Owner and Administrator, each with different permissions. Owners and designated Administrators may invite new Users to the platform and assign access as allowed by the Services.

A Sense PC can be assigned to only one User at a time. Assignment or removal rules may require that the Sense PC be stopped.

⚠️ Each Sense PC can only be assigned to one User at a time.

4.7 Support

Support may be provided through email and/or an in-app support ticket system. Response times and available support options may vary by Subscription tier.

4.8 Access Methods and Connectivity Requirements

You may be able to access Sense PC through supported interfaces, which may include modern web browsers, official desktop client applications (Windows/macOS), and mobile applications where available. Use of the Services requires a compatible device and a stable internet connection. You are responsible for your devices, local configuration, and connectivity.

4.9 Sense Cloud (Cloud Storage)

Sense Cloud is a cloud storage Service that allows you to store, organize, and manage Content in your Account. Sense Cloud may include features such as uploading and downloading files, browsing and searching files, organizing files into folders, and viewing file metadata.

4.10 Sharing, Links, and Collaboration (If Available)

Sense Cloud may allow you to share Content using links or other sharing controls, depending on the features made available in your Account. If you share Content, you are responsible for selecting the correct recipients, configuring permissions appropriately, and ensuring you have the right to share the Content. We are not responsible for disclosures caused by your sharing settings or actions.

4.11 Duplicate Detection and File Management

Sense Cloud may provide duplicate detection or file management tools designed to help identify or manage duplicate files. These tools are provided for convenience and may not detect every duplicate or instance. You are responsible for reviewing results before deleting or modifying Content.

4.12 Relationship Between Sense PC and Sense Cloud

Sense Cloud is a standalone cloud storage system and is not an attached drive or automatic extension of Sense PC. Any transfer or backup of Content between Sense PC and Sense Cloud is performed manually by you through the available user interface features.

4.13 Platform Optimization and Resource Management

To maintain stability, security, and performance, we may apply operational measures such as capacity management, backend optimization, or resource allocation changes. In certain cases, inactive or underutilized Sense PCs may be paused or restricted, and we will provide advance notice where reasonably practicable.

4.14 Infrastructure & Hosting Providers (AWS)

Senseminder uses trusted third-party cloud infrastructure providers to operate the Services. Sense PC is provisioned and hosted using Amazon Web Services ("AWS"), including Amazon EC2 (Elastic Compute Cloud) for compute resources. Sense Cloud uses AWS services including Amazon S3 (Simple Storage Service) for storing Content and related storage operations.

By using the Services, you understand that Content and workloads may be processed and stored in AWS data centers. Your use of the Services is also subject to compliance with applicable third-party terms and policies, including AWS terms and acceptable use requirements.

5. Subscription Terms

Senseminder LLC ("Senseminder", "we", "our") offers subscription-based billing for Services provided through the SensePC platform ("SensePC"). This section outlines plan types, billing triggers, renewals, and the prepaid wallet system used to pay for Sense PC and Sense Cloud.

5.1 Plan Types: Hourly, Daily, Monthly

SensePC offers the following Sense PC subscription plans:

• Hourly Plan: Compute charges apply when the Sense PC is running, calculated in one-hour increments. Usage of less than 60 minutes may be rounded up to a full hour.
  ⚠️ SSD storage charges (Main Disk and any Additional Disks) may continue to apply even when the Sense PC is stopped, as these volumes remain allocated for your use.
• Daily Plan: A flat daily rate is charged upfront upon Sense PC creation and every 24 hours thereafter, regardless of whether the Sense PC is running or stopped. Daily plans include up to 10 total hours of Sense PC runtime per 24-hour cycle (the "Daily Usage Limit"). If you reach the Daily Usage Limit, your Sense PC will be automatically stopped within one (1) hour, and you may not be able to start it again until the next daily cycle begins.
• Monthly Plan: A flat monthly fee is charged in advance and renews every 30 days, covering Sense PC usage for the entire term, regardless of instance state (running or stopped). Monthly plans include up to 180 total hours of Sense PC runtime per 30-day term (the "Monthly Usage Limit"). If you reach the Monthly Usage Limit, your Sense PC will be automatically stopped within one (1) hour, and you may not be able to start it again until the next monthly term begins.

You may select a plan during Sense PC setup or change it later through the SensePC dashboard, subject to any upgrade/downgrade rules shown in the dashboard.

5.2 Subscription Start Date

Your subscription period begins upon one of the following events:

• Successful Sense PC creation (for Hourly, Daily, or Monthly plans)
• Initiating any upload or activity in Sense Cloud (e.g., uploading files or generating storage usage)

This marks the start of your billing obligations under the selected plan(s), regardless of actual usage thereafter. Billing follows the terms applicable to the plan(s) and any usage-based or tiered pricing shown in the SensePC dashboard.

5.3 Upfront Billing Policy

Subscription fees for Sense PC (Hourly, Daily, Monthly) and Sense Cloud are charged upfront at the beginning of each billing cycle or billing unit, as applicable:

• Hourly Plan: Charges are applied when a billable hourly unit begins (such as when you start a Sense PC).
• Daily Plan: Charges are applied when a new 24-hour cycle begins.
• Monthly Plan: Charges are applied at the start of each 30-day term.

This may also apply to:

• Sense Cloud tier billing (at cycle start and/or when a tier threshold is crossed)
• Additional disk volumes (when provisioned)

⚠️ No proration or postpaid billing is supported. You are responsible for maintaining a sufficient wallet balance to avoid service interruptions.

5.4 Activation & Billing Triggers

Billing may be triggered by the following:

• Sense PC instance creation or resumption
• Instance remains running
• Billing cycle auto-renews
• Additional Disks are provisioned
• Instance is resized
• Sense Cloud tier thresholds are crossed

5.5 Automatic Renewal

Plans may be set to auto-renew by default at the end of their respective billing cycles. You may change or cancel your plan prior to renewal through the SensePC dashboard. Unless otherwise stated, changes take effect at the end of the current billing period.

⚠️ No refunds will be issued for unused time once a billing cycle begins.

⚠️ If you’re on the Hourly Plan and the instance remains stopped, compute charges will not apply — but SSD storage costs may still be billed hourly.

5.6 Trial Period (If Applicable)

Senseminder may, at its discretion, offer limited-time free trials or promotional credits. Trial terms will be disclosed at the time of offer and are subject to change or discontinuation.

If your wallet balance becomes insufficient during a trial:

• Your Sense PC may be automatically stopped.
• Billing from your wallet may begin once the trial ends if the Service remains active and funds are available.

5.7 Wallet System

All charges are deducted from your Senseminder Wallet, a prepaid digital balance associated with your Account. Wallets can be topped up via accepted payment methods (e.g., credit/debit card).

If your wallet balance becomes insufficient:

• Your Sense PC may be automatically stopped
• Sense Cloud services may be paused or suspended
• You may receive low-balance notifications
• Auto-recharge (if enabled) may attempt to refill your wallet
• Sense Cloud may resume automatically upon wallet recharge

⚠️ Stopped Sense PCs will not automatically resume upon recharge.

5.8 Intelligent Tier for Sense Cloud

Sense Cloud uses an auto-tiered billing model based on total storage usage across a 30-day cycle. Tiers increase in 20GB increments. Charges may be based on the highest usage observed during the cycle. Usage reductions may not lower the active tier mid-cycle, and billing resets at the start of each new 30-day cycle.

• Tier thresholds are calculated in 20GB increments.
• Charges apply based on storage usage during the billing cycle.
• The tier may be determined by the highest usage observed during the cycle.
• Reducing usage may not reduce your tier until the next 30-day cycle.
• Billing resets at the start of each new 30-day cycle.

You cannot manually upgrade or downgrade your tier. The system may automatically adjust billing based on observed usage.

If your usage exceeds 1,000 GB, you may need to contact support to request higher storage allocation.

6. Fees & Payment

6.1 Subscription Fees

• Fees are displayed on the SensePC website and/or in the dashboard at the time of purchase.
• Subscription charges are billed in advance (upfront billing).
• All prices are in USD unless stated otherwise.

6.2 Payment Methods

• Credit/debit cards processed via Stripe.
• Wallet balance (prepaid credits), where available.

6.3 Authorization to Charge

You authorize Senseminder to charge your selected payment method for all fees incurred, including recurring subscription charges, usage-based charges (if applicable), taxes, and any other amounts you authorize at the time of purchase.

6.4 Failed Payments

If a payment fails, we may attempt to process the payment again and will notify you using the contact information associated with your Account.

• We will notify you via email.
• Service may be suspended after 7 days of non-payment.
• Your Account may be terminated after 30 days of non-payment.

6.5 Refunds & Credit Policy

Subscription fees are non-refundable except in the following situations:

• Service unavailability: If the Services are unavailable for more than 48 consecutive hours, we may issue a prorated service credit for the affected period.
• Duplicate charges: If you are charged twice for the same subscription or transaction, you must notify us within 30 days and we will issue a refund or credit after verification.
• Legal requirements: Refunds may be provided where required by applicable law.

7. Upgrades, Downgrades & Add-ons

You may be able to change your subscription plan and adjust certain resources through the SensePC dashboard, subject to availability, your Subscription, and any limits shown in your Account.

7.1 Changing Subscription Plans

You may change your Sense PC subscription plan (Hourly, Daily, Monthly) from your dashboard. Each Sense PC is billed separately. Changes to one Sense PC do not affect other Sense PCs under your Account.

The following rules apply:

• Upgrades (e.g., Hourly → Daily or Monthly, or Daily → Monthly): Upgrades take effect immediately after the upgrade is confirmed and payment is successfully processed. You will be charged the applicable upgrade amount at the time of upgrade.
• Downgrades (e.g., Monthly → Daily or Hourly, or Daily → Hourly): Downgrades take effect at the start of the next billing cycle. A downgrade may be restricted if your current configuration or usage would exceed the limits of the lower plan.

Senseminder does not provide prorated refunds for unused time on your prior plan when you upgrade or switch plans, except where required by applicable law or as explicitly stated in these Terms.

7.2 Adding Storage Disks

Additional Disks may be added to your Sense PC for increased capacity (if available). Charges may be applied at the time the add-on is confirmed (or as shown in the dashboard). Additional Disks may not be removable once provisioned.

⚠️ Storage downgrade is not supported. Once storage is allocated, disk size cannot be reduced.

7.3 Effective Date of Changes

Upgrades take effect immediately upon confirmation and successful payment. Downgrades and certain reductions may take effect at the start of the next billing cycle, unless we explicitly state otherwise in writing.

7.4 Your Responsibility to Backup

Before initiating a downgrade, resource change, or instance deletion, you are responsible for backing up your Content and confirming that you will not lose access to any data or files you need.

• Backing up all relevant data and files
• Ensuring no critical files depend on resources scheduled to be removed, reduced, or changed

Senseminder is not liable for data loss, unavailability, or incompatibility resulting from user-initiated changes, including downgrades, deletions, or resource modifications.

8. Software License & Usage

When you access or use SensePC, including Sense PC and Sense Cloud, we grant you a limited license to use the Services subject to these Terms.

8.1 Non-Exclusive, Non-Transferable License

Senseminder grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your internal and lawful purposes, only as permitted by these Terms and your active Subscription.

You may use the Services only within the intended scope of your plan, configuration, and any limits shown in your Account or dashboard.

8.2 Use Restrictions

You agree not to engage in any of the following prohibited activities:

• Reverse engineering, modifying, decompiling, disassembling, or attempting to discover the source code of any part of SensePC, including any client applications, SDKs, or related components, except to the extent such a restriction is prohibited by applicable law.
• Copying, reproducing, distributing, selling, sublicensing, renting, leasing, or otherwise commercializing the Services or any portion of them, except as expressly permitted by Senseminder in writing.
• Using Sense PC or Sense Cloud for unauthorized, abusive, or resource-intensive activities, including:
  • Cryptocurrency mining or blockchain validation
  • Server hosting (e.g., web servers, game servers, VPN endpoints)
  • Mass automation, bot farms, scraping, or coordinated inauthentic behavior
  • Stress testing, network flooding, denial-of-service activity, or unauthorized scanning
  • Penetration testing or vulnerability testing without written authorization
• Using the Services in a way that violates applicable laws or regulations, including export controls, data privacy requirements, or intellectual property laws.
• Bypassing, disabling, or interfering with security-related features, access controls, authentication, usage limits, or other mechanisms designed to restrict or monitor use of the Services.

⚠️ Violations of these restrictions may result in suspension or termination of your Account and access to the Services, with or without notice, and without refund to the extent permitted by applicable law.

8.3 Open Source Licenses (If Applicable)

Certain components of the Services may include open source software subject to applicable open source licenses. Your use of those components is governed by the relevant license terms. To the extent a license requires, those terms may control over parts of these Terms.

Where required or applicable, we may make relevant open source notices available through the Services or upon request.

8.4 Device and Access Limitations

Your use of the Services may be subject to limits based on your Subscription, configuration, and availability, including:

• Concurrent session limits
• Device access restrictions
• Region-based limitations

You may access Sense PC only through approved methods (such as supported web, desktop, or mobile applications) and may not bypass security protocols or use unauthorized connection methods.

9. User Content & Data

9.1 Data Ownership

You retain ownership of all Content you upload, create, or store using the Services.

9.2 Backup Responsibility

You are responsible for maintaining backups of your Content. While we may implement redundancy and operational safeguards, we do not guarantee that Content will be recoverable in all circumstances, and we are not liable for data loss except where required by applicable law.

9.3 Post-Termination Data Handling

If your Account is terminated or closed, we may handle data as follows:

• 30-day grace period: Your data may remain accessible for retrieval, subject to Service availability and any legal or security requirements.
• After 31 days: Sense PC instances and Sense Cloud files may be permanently deleted.
• After 90 days: Your Account profile information and related metadata may be permanently deleted, except where retention is required by law or for legitimate business purposes.
• Billing records: Billing and payment records may be retained for up to 7 years to comply with tax and accounting obligations (including 26 U.S.C. § 6001, where applicable).

9.4 Data Retrieval During Grace Period

• Email support@sensepc.com to request a data export.
• Available formats may include ZIP archive, JSON, or CSV, depending on the data type.
• Requests for datasets under 10GB may be processed within 72 hours.

10. Acceptable Use / Code of Conduct

You agree to use the Services responsibly and in compliance with applicable laws. You agree not to:

• Engage in illegal activities or otherwise violate applicable laws or regulations.
• Upload, transmit, or store malware, viruses, ransomware, or other harmful code or content.
• Interfere with or disrupt the security, integrity, or performance of the Services or other users.
• Use the Services for cryptocurrency mining or blockchain validation without authorization.
• Circumvent, disable, or bypass usage limits, rate limits, access controls, authentication, or security measures.
• Share your login credentials with unauthorized third parties or allow others to access your Account without permission.

We may investigate suspected violations and may suspend or terminate access to the Services as permitted by these Terms and applicable law.

11. Storage & OS Licensing

This section explains how Sense PC SSD disks are provisioned, how Sense Cloud differs from Sense PC storage, and how operating system licensing is handled.

11.1 Sense PC Storage

Each Sense PC includes a primary SSD disk (the “Main Disk”). The Main Disk is used for system files and user data, and may include:

• The operating system (Windows or Linux, depending on your configuration)
• Preinstalled tools and applications (if provided with your selected image/configuration)
• The SSD storage size selected at creation (subject to plan/config limits shown in the dashboard)

⚠️ The Main Disk is fixed in size once provisioned and cannot be downgraded after creation.

11.2 Additional SSD Disks (If Available)

You may be able to attach additional SSD disks to a Sense PC for expanded capacity, depending on availability and your Subscription. These disks are associated with the specific Sense PC instance.

• Additional disks may be billed separately and charged in advance as shown in the dashboard.
• Once provisioned, additional disks may not be removable or downgradable.
• Sense PC SSD usage is separate from Sense Cloud usage and billing.

⚠️ Sense PC SSD disks are part of the compute environment and are not intended to serve as a guaranteed backup or archiving solution.

11.3 Sense Cloud vs Sense PC Storage

• Sense Cloud is long-term cloud file storage associated with your Account and billed according to the pricing and tier rules shown in the dashboard.
• Sense PC storage (Main Disk and any additional SSD disks) is tied to a specific Sense PC instance and may be deleted when that Sense PC is deleted.

These storage systems are managed separately and billed separately.

11.4 Operating System Licensing

Sense PC instances may be provisioned with Windows or Linux depending on the configuration you select.

• Linux (such as Ubuntu) is typically provided under open-source licenses and generally does not require activation.
• Windows images may be delivered in an unactivated state by default unless stated otherwise in the dashboard.

Senseminder does not provide or resell Windows license keys unless explicitly stated. If Windows activation is required, you are responsible for obtaining and applying a valid license (BYOL) and ensuring your use complies with Microsoft licensing requirements.

⚠️ You are solely responsible for the legality, validity, and compliance of any licenses you apply.

11.5 Deletion and Termination Effects

When a Sense PC is deleted (or your Account is terminated), the instance and its disks may be permanently deleted. This may remove operating system configurations, installed software, and activation data.

• Installed software and configuration data on the Sense PC may be permanently erased.
• Senseminder does not retain, reuse, or transfer your software license keys or activation data.
• You are responsible for deactivating or removing any licenses you applied before deletion, where required by the license terms.

12. Service Availability & Maintenance

• Services are provided “AS-IS” with no uptime guarantee.
• Scheduled maintenance may occur, with advance notice when reasonably possible.
• Emergency maintenance may occur without notice.
• We are not liable for temporary unavailability except as stated in Section 17 (Limitation of Liability) and as required by applicable law.

13. Geographic Availability

• Services may not be available in all countries.
• Performance may vary by location.
• Certain features may be restricted based on jurisdiction.
• You are responsible for compliance with local laws.

14. Third-Party Services & Dependencies

Our Services rely on third-party providers and dependencies, which may affect availability and performance.

• AWS (cloud infrastructure and hosting)
• Stripe (payment processing)
• Internet service providers and network operators

We are not liable for disruptions, outages, delays, or failures caused by third-party services that are beyond our reasonable control.

15. Termination & Suspension

15.1 User-Initiated Termination

You may terminate your Account at any time through your account settings or by emailing support@sensepc.com.

No refunds will be provided for any remaining subscription period except where required by applicable law.

15.2 Provider-Initiated Termination

We may suspend or terminate your access to the Services, in whole or in part, if we reasonably determine that:

• You violated these Terms or the Acceptable Use / Code of Conduct section.
• Payment is not received after 30 days.
• We detect or reasonably suspect fraudulent activity or a security threat.
• Suspension or termination is required to comply with legal or regulatory requirements.

15.3 Notice & Cure Period

For non-emergency violations, we may provide:

• A written notice via email at least 7 days in advance.
• An opportunity to cure the violation where reasonably possible.
• A brief explanation of the reason for the action.

For emergency situations (including security threats or suspected fraud), we may suspend access immediately and without prior notice.

16. Intellectual Property

All intellectual property rights related to SensePC, the Services, and related materials are protected under applicable law. This section explains ownership and the limits on how you may use our proprietary assets.

16.1 Ownership of the Services and Brand

As between you and Senseminder, Senseminder owns and retains all rights, title, and interest in and to the Services and all related technology, software, interfaces, designs, and documentation, including any improvements, updates, and derivative works, except for your Content.

• Sense PC and Sense Cloud technologies
• Web, desktop, and mobile applications and user interfaces
• Backend systems, workflows, and service operations
• Documentation, templates, and related materials

Nothing in these Terms grants you any ownership rights in the Services. You receive only the limited rights necessary to use the Services as permitted by these Terms and your Subscription.

16.2 Restrictions on Copying, Reverse Engineering, and Competitive Use

You agree not to, and not to allow others to:

• Copy, reproduce, distribute, sell, rent, lease, sublicense, or otherwise commercially exploit any portion of the Services, except as expressly permitted by Senseminder in writing.
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services, except to the extent such restriction is prohibited by applicable law.
• Use the Services for benchmarking, scraping, or competitive analysis intended to build or offer a competing product or service.
• Modify, adapt, or create derivative works based on the Services, except as enabled through supported features and APIs (if any) provided by Senseminder.
• Use content or outputs from the Services to train AI/ML models without prior written consent, to the extent permitted by applicable law.

16.3 Trademarks and Copyright

Senseminder, SensePC, and related names, logos, and branding elements are trademarks or trade dress of Senseminder (or its licensors). You may not use these marks without prior written permission, except as necessary to identify the Services in a truthful and non-misleading manner.

The Services, including software, user interface, and platform content, are protected by copyright and other intellectual property laws. Unauthorized use is prohibited.

16.4 Feedback

If you provide suggestions, ideas, or feedback about the Services (“Feedback”), you grant Senseminder a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate that Feedback without restriction or compensation.

17. Limitation of Liability

17.1 Liability Caps

To the maximum extent permitted by applicable law, our total liability to you for any claims arising from or related to the Services is limited to the greater of: (a) the fees paid by you in the twelve (12) months preceding the event giving rise to the claim, or (b) $500 USD.

17.2 Jurisdictional Exceptions

The above limitations may not apply where prohibited by law, including:

• European Union & United Kingdom: Consumer rights under EU Directive 93/13/EEC and UK Consumer Rights Act 2015 cannot be limited.
• USA - Consumer Protection: State consumer protection laws in California, Virginia, Colorado, Connecticut, and other states may limit liability waivers.
• Australia: Consumer guarantees under Australian Consumer Law (ACL) cannot be excluded.

17.3 Excluded Liabilities

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. In particular, the limitations in this section do not apply to liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Gross negligence or willful misconduct.
• A data breach caused by a failure to implement reasonable security measures, to the extent required by applicable law.
• Violations of applicable privacy laws where liability cannot be limited (including GDPR, CCPA, and similar laws).

17.4 Statute of Limitations

To the extent permitted by applicable law, any claim must be brought within one (1) year of the event giving rise to the claim. If applicable law does not allow a one-year limitation period, the claim must be brought within the shortest period permitted by law.

17.5 Exclusion of Consequential Damages

We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, loss of data, loss of business opportunities, or reputational harm.

18. Indemnification

You agree to indemnify, defend, and hold harmless Senseminder, and its officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use or misuse of the Services.
• Your violation of these Terms.
• Your violation of any third-party rights (including intellectual property or privacy rights).
• Your Content, data, or materials uploaded, stored, transmitted, or created through the Services.

19. Force Majeure

We are not liable for any failure or delay in performing our obligations to the extent caused by events beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, fires)
• Acts of war, terrorism, or civil unrest
• Government actions or regulatory changes
• Pandemics or public health emergencies
• Cyberattacks or DDoS attacks
• Cloud provider infrastructure failures

20. Arbitration & Dispute Resolution

20.1 Mandatory Arbitration

Except as described in Section 20.3, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

20.2 Location

Arbitration will be conducted in Atlanta, Georgia, USA, or by video conference, at the election of the party initiating arbitration, unless the arbitrator determines another format is required by applicable law.

20.3 Exceptions

The following disputes are not required to be resolved through arbitration:

• Claims that may be brought in small claims court, if eligible, including claims under $10,000.
• Requests for injunctive or other equitable relief to prevent or address alleged infringement or misuse of intellectual property rights.

20.4 No Class Actions

You and Senseminder agree that disputes will be resolved only on an individual basis. There will be no class action or class-wide arbitration, and you waive any right to participate in a class proceeding.

20.5 Opt-Out

You may opt out of this arbitration provision within 30 days of Account creation by emailing legal@sensepc.com with "Arbitration Opt-Out" in the subject line.

21. Changes to the Terms

We may update these Terms from time to time to reflect changes in the Services, legal requirements, or business practices. This section explains how we provide notice and what happens if you do not agree to an update.

21.1 Notification of Changes

When we update these Terms, we will update the “Last Updated” date. For material changes, we may also provide notice through one or more of the following: email, in-dashboard notifications, or notices posted on our website.

21.2 Effective Date and Your Acceptance

• Material changes will generally take effect no earlier than 30 days after we provide notice (unless a shorter period is required for security, legal compliance, or operational reasons).
• Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

21.3 If You Do Not Agree

If you do not agree to updated Terms, you must stop using the Services and may close your Account before the updated Terms take effect.

⚠️ Except where required by applicable law or as explicitly stated in these Terms, we do not provide refunds for prepaid subscription periods due to changes in Terms.

22. Communication & Notices

This section explains how we deliver official notices and how you can contact us for support or legal communications.

22.1 How We Send Notices

We may send legal, billing, technical, security, or account-related notices using one or more of the following methods:

• Email sent to the address associated with your Account.
• In-app or dashboard notifications.
• Notices posted on our website or status page (if available).

Notices are considered delivered when sent or posted, even if you do not read them.

22.2 Your Responsibility to Keep Contact Information Current

• Maintain an accurate, accessible email address on your Account.
• Monitor your email and dashboard for important messages.
• Promptly update your contact information if it changes.

If you fail to receive notices due to outdated contact information or delivery issues outside our control, that does not change your obligations under these Terms.

23. Miscellaneous

23.1 Entire Agreement

These Terms, the Privacy Policy, and any referenced policies or addenda constitute the entire agreement between you and Senseminder regarding the Services and supersede any prior or contemporaneous agreements or understandings.

23.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

23.3 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms to an affiliate, successor, or acquirer in connection with a merger, acquisition, reorganization, or sale of assets.

23.4 Governing Law

These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict of law principles.

• United States residents: Applicable state consumer protection laws may apply and may provide additional rights.
• EU/UK residents: Applicable EU/UK consumer protection laws apply and cannot be waived.

23.5 Auto-Renewal Disclosures (USA State Laws)

The following disclosures apply to residents of California, New York, Illinois, Colorado, Connecticut, the District of Columbia, Minnesota, North Carolina, Ohio, Oregon, Vermont, Virginia, and Washington:

• Subscriptions auto-renew at the end of each billing period unless canceled.
• You will be charged automatically at renewal using your selected payment method or wallet balance.
• You may cancel at any time through account settings or by emailing support@senseminder.com.
• For monthly renewals, renewal notices may be sent approximately 7 days before renewal.
• Clear cancellation instructions are provided in the account dashboard.

23.6 EU Consumer Rights

If you are a consumer located in the European Union, you may have a statutory right to cancel certain purchases within 14 days (the “cooling-off period”) without giving any reason, unless an exception applies under applicable law.

• You may have the right to cancel within 14 days of purchase.
• Where applicable, refunds will be processed within 14 days of receiving your cancellation notice.