magicplan Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE PUBLISHING YOUR CONTENT. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SENSOPIA.

1. Acceptance and Definitions

Sensopia provides its service to You, subject to the following Terms of Service.
By using or accessing the Sensopia Service, You accept and agree to this Terms Of Service on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative.

When capitalized in this Terms Of Service,

2. Sharing Your Content and Information

Subject to the terms and conditions of this Terms Of Service, Sensopia hereby grants to You a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable, license to Publish and share Content using the Sensopia Service.

You own all of the Content You Publish and You control whether You want to Publish it or not.

For Content that is covered by Intellectual Property Rights, like photos, images and videos (“IP Content“), You grant Sensopia a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display any IP Content that You Publish (“IP License“). This IP License ends when You delete Your IP Content unless Your Content has been shared with others, and they have not deleted it.

You irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity in the Content You submit.

When You delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, You understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).

When You Publish, it means that You are allowing everyone to access and use the Content You Publish.

You consent to having Your Content transferred to and processed in the United States, Ireland or Singapore.

3. Limitations

You acknowledge that Sensopia may establish general practices and limits concerning use of the Sensopia Service, including, without limitation, the maximum number of days that Your Content will be retained by the Sensopia Service, the maximum disk space and data that will be allotted on Sensopia’s or Sensopia licensors’ servers on Your behalf, the maximum number of times (and the maximum duration for which) You may access the Sensopia Service in a given period of time or the formats in which your Content will be Published.

You agree that Sensopia has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Sensopia Service. You acknowledge that Sensopia reserves the right to log off accounts that are inactive for a certain period of time as determined by Sensopia. You further acknowledge that Sensopia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Subject to these Terms Of Service, You may subscribe or purchase through the Sensopia Service or via Sensopia’s partners a service in order to have Your Content Published in some specific formats including, without limitations, PDF, JPEG, DXF and CSV by the Sensopia Service for a specific period. You acknowledge that, when you unsubscribe, such service ends.

4. Safety

Sensopia does its best to keep Sensopia Service safe, but cannot guarantee it. Sensopia needs Your help to do that, which includes the following commitments:

5. Your Obligations

You represent to Sensopia and agree that:

6. Intellectual Property Rights and Ownership

You acknowledge that the Sensopia Software, the Sensopia Service and Sensopia’s copyrights or trademarks are proprietary to Sensopia and/or its licensors, and that Sensopia and/or its licensors own all right, title and interest in and to the Intellectual Property Rights therein. Sensopia reserves all rights not expressly granted.

You agree not to remove, deface or obscure any copyright notice, trademark notice or legends or proprietary legends in or on the Content that You Publish.

You may provide to Sensopia reasonable suggestions, comments and other feedback with respect to the Sensopia Software, the Content and/or the Sensopia Service (“Feedback“). You grant Sensopia, under all of Your Intellectual Property Rights, the following worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights: (1) to make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Sensopia product, technology, service, specification or documentation; (2) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell or sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

7. Payments

If You make a payment on Sensopia, You agree to our Payments Terms as available here.

9. Disclaimer of Warranty

You, and not Sensopia, are entirely responsible for all Content that You upload, post, email, transmit, or otherwise make available via the Sensopia Service. Sensopia does not control the Content posted via the Sensopia Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Sensopia Service, You may be exposed to Content that is offensive, indecent or objectionable.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SENSOPIA SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SENSOPIA SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SENSOPIA AND ITS LICENSORS MAKE AND YOU RECEIVE NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SENSOPIA SERVICE AND ITS FEATURES OR ANY COMMUNICATION CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, SENSOPIA AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, DAMAGE OR LOSS OF DATA, SATISFACTORY QUALITY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SENSOPIA AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE SENSOPIA SERVICE WILL BE SAFE, SECURE, UNINTERRUPTED OR ERROR FREE.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL SENSOPIA BE LIABLE IN ANY WAY FOR ANY CONTENT INCLUDING, BUT NOT LIMITED TO,  ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR THE RELIANCE UPON ANY CONTENT.

IN NO EVENT SHALL SENSOPIA OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION, OR COST OF COVER. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF SENSOPIA OR ITS LICENSORS FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SENSOPIA SERVICE OR THIS TERMS OF SERVICE EXCEED ONE CANADIAN DOLLAR (1.00 CAD). THE LIMITATIONS OF LIABILITY IN THIS SECTION 7 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF SENSOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

11. Indemnification by You

You shall indemnify, defend and hold harmless Sensopia, its directors, officers, employees, independent contractors and agents from any and all third party claims, damages, losses, liabilities, costs and expenses including, without limitation, attorneys fees and court costs (collectively, “Losses”) arising out of, or in connection with, (a) Your breach of any certification, covenant, obligation, representation or warranty in this Terms Of Service and (b) Your use of the Sensopia Service.

12. Effective Date and Termination

This Terms Of Service shall be effective as of You first Publish using the Sensopia Service.

Your rights under this Terms Of Service will terminate immediately and automatically, without any notice to You, if (a) You fail to comply with any of the terms and conditions of this Terms Of Service or otherwise create risk or possible legal exposure for Sensopia; (b) You delete the Content You have Published.

You agree that Sensopia, in its sole discretion, may terminate, with or without notice, Your account or Your use of the Sensopia Service, and remove and discard any Content within the Sensopia Service, for any reason, including, without limitation, (a) lack of use, (b) as a result of Your relationship with a partner of Sensopia, (c) if Sensopia believes that You have violated or acted inconsistently with the letter or spirit of the Terms Of Service, (d) requests by law enforcement or other government agencies, (e) a request by You (self-initiated account deletions), (f) discontinuance or material modification to the Sensopia Service (or any part thereof), (g) unexpected technical or security issues or problems, (h) in compliance with legal process; (i) if You have or we believe You have engaged in illegal activities, including without limitation, fraud, and/or (j) nonpayment of any fees owed by You in connection with the Sensopia Service.

Termination shall not entitle You to any refund. Sections 2,4,5,6,9,10,11 and 12 will survive expiration or termination of this Terms Of Service for any reason.

13. Notices

All notices to Sensopia, permitted or required under this Terms Of Service, shall in writing and sent to: Sensopia INC., Suite #410, 194 Saint Paul Ouest, Montréal, Qc, h6Y 1Z8, Canada; with a copy emailed to legal@sensopia.com.

Notices shall be delivered as follows with notice deemed given as indicated: (a) by overnight courier upon written verification of receipt; or (b) by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Address used shall be the one first set forth above or such other address in accordance with the legal guidelines located at sensopia.com. All notices to Sensopia will be addressed to the attention of the Legal Department.

14. General

This Terms Of Service constitutes the entire agreement between the parties and supersedes any other previous or contemporaneous communications, agreements, representations, or advertising with respect to the Sensopia Service.

Sensopia reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Terms Of Service and to impose new or additional rules, policies, terms, or conditions on Your use of the Sensopia Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms Of Service as “Additional Terms“) will be effective immediately upon release on sensopia.com and incorporated into this Terms Of Service. Your continued use of the Sensopia Service will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Terms Of Service by this reference.

This Terms Of Service will be construed, governed and interpreted in accordance with the laws, but not the rules relating to the choice of law, of Quebec. Your use of the Sensopia Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sensopia or relating in any way to Your use of the Sensopia Service resides in the courts of the state of Quebec. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Terms Of Service. No action, regardless of form, arising out of or relating to this Terms Of Service may be brought by You more than two (2) years after the cause of action has occurred.

You may not assign this Terms Of Service or any rights hereunder without the prior consent of Sensopia and any purported assignment by You shall be void. Sensopia may freely assign this Terms Of Service in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without Your prior consent.

Sensopia’s failure to enforce any right or provisions in this Terms Of Service will not constitute a waiver of such provision, or any other provision of this Terms Of Service.

If any provision of this Terms Of Service is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the other provisions will remain in full force and effect. Sensopia will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The parties hereto confirm that it is their wish that this Terms Of Service, as well as other documents relating hereto, including notices, have been and shall be written in the English language only. Les parties confirment leur volonte expresse de voir le present contrat et tous les documents s’y rattachant etre rediges en anglais.

Last updated: February 26, 2019