Terms & Conditions
Effective Date: 1 January 2024
Table of Contents
- Website Terms of Use
- Master Terms of Sale
- 3Di Subscription Agreement Addendum
- 3Di Platform Service Level Agreement (SLA)
- Data Processing Addendum (DPA)
If you have any questions regarding these Terms & Conditions, please contact us at:
Sensrz Pty Ltd
Level 21, 25 Grenfell Street, South Australia 5000
Email: contact@sensrz.com
Phone: +61 8 7001 7371
Website Terms of Use
Effective Date: 1 January 2024
1. Acceptance of Terms
By accessing or using the Sensrz Pty Ltd ("Sensrz", "we", "us", "our") website at https://sensrz.com ("Website"), you agree to be bound by these Website Terms of Use and any applicable laws or regulations. If you do not agree to these Terms, you must not use this Website.
2. Website Content
All content on this Website, including but not limited to text, images, graphics, logos, and downloadable materials, is the property of Sensrz or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
You may view, download, and print content for personal, non-commercial use only. You must not reproduce, distribute, modify, or otherwise exploit any part of the Website without Sensrz' prior written consent.
3. Acceptable Use
While using this Website, you agree not to:
- Engage in any activity that violates applicable laws or regulations.
- Attempt to gain unauthorized access to any part of the Website, its servers, or related systems.
- Use any automated means (such as bots or scrapers) to access, copy, or monitor Website content without permission.
- Introduce viruses, malware, or other harmful code.
- Disrupt or interfere with the security or normal functioning of the Website.
4. Links to Third-Party Websites
This Website may contain links to third-party websites for convenience or informational purposes. Sensrz is not responsible for the content, policies, or practices of third-party websites and does not endorse them. Your use of linked sites is at your own risk.
5. Disclaimer
The information on this Website is provided "as is" without any warranties, express or implied, including but not limited to accuracy, completeness, or suitability for a particular purpose. Sensrz does not guarantee uninterrupted or error-free access to the Website.
6. Limitation of Liability
To the maximum extent permitted by law, Sensrz disclaims all liability for any loss or damage arising from your use of or reliance on this Website or its content. This includes, without limitation, direct, indirect, incidental, consequential, or punitive damages.
7. Changes to These Terms
Sensrz may modify these Website Terms of Use at any time by posting the updated Terms on this page. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
8. Governing Law
These Terms are governed by the laws of South Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts located in South Australia for any disputes arising out of or related to your use of this Website.
Master Terms of Sale
Effective Date: 1 January 2024
1. Scope and Application
These Master Terms of Sale (“Terms”) govern the sale and licensing of products and services (“Products”) by Sensrz Pty Ltd ("Sensrz", "we", "us", "our") to the purchaser ("Buyer"). These Terms are incorporated into and form part of any order, invoice, quotation, or purchase confirmation issued by Sensrz.
2. Product Categories and Use Cases
- Hardware-Only Products: Standalone instruments without embedded software.
- Hardware + Embedded Software: Devices requiring firmware or application software for operation.
- OTA-Enabled or Network-Connected Devices: Devices that receive remote updates and connectivity features.
- Environmental Usage: Products designed for laboratory, agricultural, clinical, or industrial environments.
Products are intended solely for Buyer's internal use, consistent with user manuals or datasheets provided by Sensrz.
3. Order, Payment, and Delivery
3.1 Order Acceptance: Orders become binding upon written acceptance by Sensrz.
3.2 Pricing: Prices are exclusive of taxes, shipping, and duties unless otherwise specified.
3.3 Payment Terms: Invoices are due on receipt. Late payments may incur interest at 1% per month (simple interest).
3.4 Delivery and Risk of Loss: Products ship Ex-Works (EXW) unless agreed otherwise. Risk transfers to Buyer upon shipment.
4. Intended Use and Regulatory Compliance
4.1 Usage Environment: Buyer is responsible for using Products according to stated environmental conditions.
4.2 Regulatory Compliance and Approved Devices: Unless explicitly stated otherwise by Sensrz in official product documentation, labeling, or contracts, Products are not certified under TGA, FDA, MDR, or other regulatory frameworks. Products that have achieved certification will be distinctly labeled and documented. Buyer is responsible for ensuring compliance with local regulations where applicable.
5. Software and Licensing (if applicable)
- 5.1 Software Ownership: Software and firmware remain Sensrz' property and are licensed, not sold.
- 5.2 License Scope: Non-exclusive, non-transferable license for use solely with purchased Products.
- 5.3 OTA and Updates: Buyer is responsible for maintaining connectivity. Sensrz disclaims liability if updates are declined.
- 5.4 Subscription Services (3Di Data & Analysis Platform): Subscription services are licensed separately on a recurring basis. Failure to maintain subscription payments may result in suspension of service.
6. Warranty
- 6.1 Limited Hardware Warranty: 12 months from delivery date.
- 6.2 Software Warranty: 6 months for substantial conformity with documentation.
- 6.3 Exclusions: Warranty excludes misuse, unauthorized modifications, external damage, or out-of-spec operation.
- 6.4 Remedies: Repair or replacement at Sensrz' discretion.
7. Warranty Disclaimers
Except as expressly stated, Products are provided “as is” without additional warranties. No oral or written information from Sensrz creates additional warranties.
8. Intellectual Property and Proprietary Rights
Designs, schematics, software, and underlying IP remain the property of Sensrz unless otherwise agreed in writing. Reverse-engineering or unauthorized use is prohibited.
9. Limitation of Liability
- 9.1 Maximum Liability: Limited to amounts paid by Buyer for the affected Product.
- 9.2 No Consequential Damages: Sensrz is not liable for indirect, incidental, or consequential damages.
10. Indemnification
Buyer indemnifies Sensrz against claims arising from misuse, unauthorized modification, or out-of-spec use of Products.
11. Returns and Cancellations
- Returns: Sales are final except for valid warranty claims.
- Cancellations: Reasonable cancellation fees may apply for cancelled orders.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of South Australia. Disputes are subject to the exclusive jurisdiction of South Australian courts.
13. Miscellaneous
- 13.1 Force Majeure: Sensrz is not liable for events beyond its control.
- 13.2 Entire Agreement: These Terms supersede all prior agreements or representations.
- 13.3 Severability: Invalid provisions are severable without affecting the rest.
- 13.4 No Waiver: Failure to enforce rights does not waive future rights.
3Di Subscription Agreement Addendum
Effective Date: 1 January 2024
1. Scope
This Addendum applies to Buyers ("Subscriber", "you") purchasing a subscription license for access to the Sensrz 3Di Data & Analysis Platform ("Platform"), in addition to the Sensrz Master Terms of Sale.
2. Subscription Terms
Access to the Platform is provided on a subscription basis, renewable [monthly/annually] unless otherwise specified. Sensrz reserves the right to modify or update Platform features without notice, provided no material loss of core functionality occurs.
3. Subscription Fees and Payment
- Subscription fees are due in advance of the applicable subscription period.
- Failure to pay on time may result in suspension or termination of Platform access.
4. Data Ownership and Usage
Data generated and uploaded by Subscriber remains Subscriber's property. Sensrz may access anonymized, aggregated data for platform improvement purposes only. All data handling complies with Sensrz' Privacy Policy.
5. Termination
Either party may terminate subscription access with 30 days' written notice. No refunds will be issued for pre-paid periods unless required by law.
6. Platform Access and Availability
Sensrz makes commercially reasonable efforts to maintain Platform uptime but does not guarantee uninterrupted access. Planned maintenance outages will be scheduled outside normal business hours where feasible.
7. Disclaimer and Limitation of Liability
Platform access is provided "as is." To the maximum extent permitted by law, Sensrz disclaims all warranties, express or implied, relating to the Platform, and limits liability in accordance with the Master Terms of Sale.
8. Governing Law
This Addendum is governed by the laws of South Australia. Any disputes shall be resolved in accordance with the dispute resolution provisions of the Master Terms of Sale.
Reference: This Addendum is intended to complement and not supersede the Sensrz Master Terms of Sale.
3Di Platform Service Level Agreement (SLA)
Effective Date: 1 January 2024
1. Scope
This Service Level Agreement ("SLA") applies to Subscribers of the Sensrz 3Di Data & Analysis Platform ("Platform"), supplementing the Sensrz Master Terms of Sale and Subscription Addendum.
2. Service Commitment
Sensrz commits to providing 3Di Platform availability of at least 99% measured monthly, excluding scheduled maintenance periods and events beyond Sensrz' reasonable control.
3. Scheduled Maintenance
- Sensrz will schedule maintenance outside of standard business hours where feasible.
- Notice will be provided at least 48 hours in advance for scheduled outages.
4. Support Response Times
- Critical Platform Issues (system unavailable): initial response within 8 business hours.
- Standard Issues (general functionality): initial response within 2 business days.
5. Service Credits
If monthly uptime falls below 95% (excluding exempt downtime), Subscribers may request a pro-rata refund of subscription fees for the affected month.
6. Exclusions
This SLA does not apply to service interruptions resulting from:
- Failures in Subscriber's connectivity, hardware, or systems.
- Subscriber's misuse or modifications of the Platform.
- Events of Force Majeure (natural disasters, cyberattacks, etc.).
7. Modifications
Sensrz reserves the right to modify this SLA with 30 days' notice. Updated terms will be posted at https://sensrz.com/terms-conditions.
Data Processing Addendum (DPA)
Effective Date: 1 January 2024
1. Scope
This Data Processing Addendum ("DPA") forms part of the Sensrz Master Terms of Sale and applies where Sensrz processes Personal Data on behalf of Subscribers using the 3Di Platform or related services.
2. Roles and Responsibilities
- Subscriber: Data Controller
- Sensrz: Data Processor
3. Processing Details
Nature and Purpose: Data is processed solely for the purpose of providing Platform access, support services, and analytical functionality.
Categories of Data: Subscriber account data (e.g., names, emails, uploaded experimental data).
Data Subjects: Subscriber personnel and research participants (if applicable).
4. Data Security
- Data is stored securely on Australian servers or equivalent locations with GDPR-compliant protections.
- Data is encrypted in transit (HTTPS/TLS) and at rest.
5. Sub-Processors
Sensrz may engage reputable sub-processors (e.g., cloud hosting providers) subject to equivalent data protection obligations.
6. Data Subject Rights
Sensrz shall assist Subscribers in responding to data subject requests regarding access, correction, or deletion of Personal Data where applicable.
7. Data Breach Notification
Sensrz shall notify Subscribers without undue delay upon becoming aware of a Personal Data breach affecting Subscriber data.
8. Data Retention and Deletion
Upon termination of subscription services, Subscriber data will be retained for 30 days to allow data export, after which it will be securely deleted unless otherwise required by law.
9. Governing Law
This DPA is governed by the laws of South Australia and supplements the Sensrz Master Terms of Sale.