PLATFORM TERMS OF USE

CHANGES

We may alter the Materials and Services we offer you and/or may choose to modify, suspend or discontinue any part or all of the Platform at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. We will inform you of any modifications to these Terms by posting the modified terms of use on the Site and, if you have registered for an account with us (as described below), by describing the modifications to these Terms in an email that we will send to the address associated with your account in our records. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.

If you object to any such modifications, your sole recourse shall be to cease using the Platform. Continued use of the Platform or any portion thereof following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site or on the sites of our partners. Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE

By using the Platform, you agree that you are at least 18 years of age, or if you are under 18 years of age (a "Minor"), that you are using the Platform with the consent of your parent or legal guardian and you have received your parent's or legal guardian's permission to use the Platform and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

Subject to your compliance with the terms and conditions of these Terms, Company herby grants you a limited, non-exclusive, non-transferable right to access and use the Platform solely for your personal use. You may not distribute, publicly display, publicly perform or otherwise use the Materials outside the Platform and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Materials in any manner. You shall not, directly or indirectly, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Platform; (b) modify, translate, or create derivative works based on any element of the Platform; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Platform; (d) use the Platform for timesharing purposes or otherwise for the benefit of any person or entity; (e) remove any proprietary notices from Materials; (f) use the Platform for any purpose other than its intended purpose; (g) interfere with or disrupt the integrity or performance of the Platform; (h) introduce any open source software into the Platform; or (i) attempt to gain unauthorized access to the Platform, its related systems or networks, or to the content and data uploaded by other users.

Unfortunately, if you breach any of these Terms, the above license(s) will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

USING THE PLATFORM

You are responsible for complying with these Terms when you access and use the Platform. You need not register with the us to simply visit and view the Site. However, in order to access certain password-restricted areas of the Platform and to utilize certain optional functionality, you must successfully register with us. To create an account with us, you must submit all of the information and documentation required on the account registration page on the Site. Once you submit the required registration information, we will determine whether or not to approve your proposed account. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly.

You are responsible for maintaining the confidentiality of your log-in credentials and agree that you are fully responsible and liable for all usage and activities that occurs under your account, whether authorized by you or not. Unless expressly permitted in writing by Company, you may not sell, rent, lease, share, or provide access to your account to anyone else. You agree to notify Company immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account.

Notwithstanding anything to the contrary in these Terms, Company reserves the right to deny the creation of, suspend access to, or terminate your account, or to remove or modify features, functionalities and/or services available through your account, at any time in its sole discretion and without prior notice or liability to you. If your account is terminated for any reason, you may not create a new account unless you first obtain written permission from Company.

FEES AND PAYMENT

You agree to pay all fees applicable to your use of the Platform using one of the payment methods Company supports. We may suspend or terminate your account and/or access to our Services and the Platform if your payment is late and/or your payment method cannot be processed. By providing your credit card information, you expressly authorize us and/or our third party payment processor to charge the applicable fees and charges to said payment method as well as taxes and other charges incurred thereto. You agree that Company may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed. You are responsible for providing complete and accurate billing and contact information to Company and notifying us of any changes to such information. You agree to pay all invoiced amounts within thirty (30) calendar days of the invoice date. Except as set forth herein, all payments are non-refundable.

ELECTRONIC COMMUNICATIONS

By using the Platform (or any part thereof), you consent to receiving electronic communications from us (including, if you have opted in, via text message) and from other users of the Platform. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges.

PRIVACY POLICY

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy ("Privacy Policy") https://secondsense.co/privacy, which explains how we use such information. By creating a Platform account, you are expressly consenting to the Privacy Policy.

LINKS TO THIRD-PARTY SITES

The Platform provides links to third-party websites upon which you can view and purchase products. If you use these links, you will leave our Platform. We are not obligated to review any third-party websites that you link to from the Platform, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, unless specifically stated on the Platform, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Platform to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Company's endorsement or recommendation.

USER PROVIDED CONTENT

Certain areas of the Platform may permit you to upload or submit information, images, video, data, text, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Because of this, we ask that you do not submit information to the Platform that you intend to keep confidential. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent, warrant and covenant that:

• You own all rights in your User Submission (including, without limitation, all rights to the reproduction and display of your User Submission) or, alternatively, you have acquired all necessary rights in your User Submission to enable you to grant to us the rights in your User Submission as described in these Terms;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submission;
• Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
• Any information contained in your User Submissions is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By providing User Submissions, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) your User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submissions or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Platform through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Platform and may remove at any time or refuse, disallow or block any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submissions to any third party absent any obligation of confidence on the part of the recipient.

UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of the Platform only for individual, consumer purposes ("Permitted Purposes"). Any other use of the Platform beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Platform. This is because as between you and Company, all rights in the Platform remain our property.

Unauthorized use of the Platform may result in violation of various United States and international laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

• for any public or commercial purpose which includes use of the Materials on another site or through a networked computer environment;
• in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Platform;
• in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• to stalk, harass, or harm another individual;
• to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
• in a manner that infringes any copyright, trademark or other intellectual property or privacy rights of any other person;
• to interfere with or disrupt the Platform or servers or networks connected to the Platform;
• to harvest or collect email addresses or other contact information of other users of the Platform;
• to use any scraping, data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or
• to attempt to circumvent any content filtering techniques we employ or to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.

Company may temporarily suspend your access to the Platform in the event that you are engaged in, or Company in good faith suspects you are engaged in, any unauthorized conduct (including, but not limited to any violation of these Terms). We will attempt to contact you prior to or contemporaneously with such suspension; provided, however, that our exercise of the suspension rights herein shall not be conditioned upon your receipt of any notification. You agree that Company shall not be liable to you or any third party if we exercise our suspension rights as permitted by this Section. Notwithstanding anything in this Section to the contrary, suspension of access to the Platform is in addition to any other remedies that Company may have under these Terms or otherwise, including but not limited to termination of these Terms and your ability to use the Platform. Additionally, if there are repeated incidences of suspension, regardless of the same or different cause and even if the cause or conduct is ultimately cured or corrected, we may, in our reasonable discretion, determine that such circumstances, taken together, constitute a material breach.

You agree to indemnify and hold Company and its officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, your violation of these Terms or your violation of any rights of another. You alone are responsible for any violation of these Terms by you or by anyone using your account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS

The trademarks, service marks, and logos of Company ("Our Trademarks") used and displayed on various parts of the Platform are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with Our Trademarks, the "Trademarks"). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

As between Company and you, all right, title and interest in the Platform, the Materials (other than your Works), and all modifications and enhancements thereof including all copyright rights, patent rights and other intellectual property rights in each of the foregoing, belong to and are retained solely by Company or Company's licensors and providers, as applicable.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at hello@secondsense.co.