Terms Of Service And End User License Agreement ('EULA')
Welcome to www.sensworldwide.com (“Site”). This website is owned and operated by Jaina India Private
Limited, a company incorporated under the provisions of the Companies Act, 1956, with its registered
office at D-170, Okhla Industrial Area, Phase 1, Delhi – 110020 (hereinafter to be addressed as
“Company”). You may be accessing our Site from a computer or mobile phone device (through an iOS or
Android application, for example) and this EULA governs your use of our Site and your conduct,
regardless of the means of access. The EULA governs all the products offered on the Site.
The following EULA constitutes a legal agreement between the Company and you (“User/you/you”) for the
use of the website, device (smart wearables, accessories, and home appliances), Software, APK (all terms
defined below), as the case may be.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES
THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES
AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER
SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
For the purposes of this EULA,
‘Device’ shall mean smart wearables, accessories, and home appliances made under the brand “SENS” by
‘Software’ shall mean the pre-installed software, including the APK in the device, which software is
either owned by Company or third-party suppliers and includes upgrades, updates, enhancements, and push
notifications provided from time to time.
‘APK’ shall mean the pre-installed application store services which may be made available on your
device, which you can use to download third-party applications.
ACCESSING, BROWSING, OR OTHERWISE USING THE DEVICE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND
The Site is only to be used for personal, non-commercial use and information. Your use of the Site and
policies (together “Policies”) as modified and amended from time to time. By mere accessing or using the
Site, you are acknowledging, without limitation or qualification, to be bound by this EULA, whether you
have read the same or not. If you do not agree to any of the terms enumerated in the EULA, please do not
use the Site. If you do not agree to be bound or cannot comply with any term of this EULA, please do not
continue availing of the services or using the device. Your act of clicking on/checking the “I agree”
tab/box below shall be deemed as agreement to this EULA. In the event that you are below the age of
eighteen (18), then this EULA must be accepted by a parent or natural guardian prior to commencing any
access or use of our services and/or the device.
The Company reserves the unilateral right to change the particulars contained in the EULA or the
Policies from time to time, without notice to its users, and at its sole discretion. Any change or
modification to the EULA or the Policies shall be treated as effective immediately from the date of such
upload on the Site. Your continued use of the Site following the change or modifications constitutes
your acceptance of the modified Terms of EULA and Policies, whether or not you have read them. For this
reason, the users should frequently review the EULA and all other policies to understand the terms and
conditions that apply to their use of the Site and Devices.
Subject to the EULA and its terms and conditions, Company hereby grants you a limited, non-exclusive,
non-transferable, non-sub licensable license to install, use, access, display and run one copy of the
software and/or the Apks, which are owned or controlled by Company, on your device in perpetuity for the
territory of India. The rights granted herein are subject to your compliance with this EULA. The license
is granted under acknowledgment that no title or ownership is being transferred or assigned and this
EULA is not to be construed as a sale of any rights in the software and/or Apk. For any part of the
Software/Apk owned by third-party suppliers, the use of such Software/Apk shall be governed by their
individual end-user license agreements.
2. PRIVACY PRACTICES
We understand the importance of safeguarding your personal information, and we have formulated a Privacy
Policy to ensure that your personal information is sufficiently protected. Apart from the EULA, the
bound by its terms and conditions. You consent to the use of your personal information by the Company in
amendment from time to time at the sole discretion of the Company.
This Site is directed to be used by adults only. We assume that any minor if at all, accessing our
Site is under the supervision of their guardians. The Company or its associates do not knowingly
collect information from minors. You will be responsible for maintaining the confidentiality of your
account and password and restricting access to your computer, and you hereby accept responsibility
for all activities that occur under your account and password. You acknowledge that the information
you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any
rights of a third party in whatsoever nature.
If you are accessing, browsing, and using the Site on someone else’s behalf, you represent that you
have the authority to access the Site on behalf of the person and comply with the EULA. In the event
that the person refuses to be bound as the principal to this EULA, you agree to accept liability for
any harm caused by any wrongful use of the Site resulting from such access or use of the Site in
You further agree that your account may be suspended, without any notice, in the event you breach
this EULA or any end-user license agreement of any third party or any part thereof. You are solely
responsible for maintaining the confidentiality and security of your account and for all activities
that occur on or through your account, and you agree to immediately notify Company in writing of any
security breach of your account. The Company shall not be responsible for any losses arising from
unauthorized use of your account.
We reserve the right to refuse service and/or terminate accounts without prior notice if this EULA
is violated or if it is in Company’s best interests to do so. You are solely responsible for all
contents that you upload, post, email, or otherwise transmit via the Site. The information provided
Purchase and/or download of any Software from the Site on the device may be subject to further
authentication, and you agree to comply with any such procedure that may be applicable from time to
time. Each software may have a separate download and delivery timeline, and you shall not hold
Company responsible for any delay or failure in download, delivery, access, and/or use of any
Software by you.
You agree and acknowledge that Company may use details from your account for providing services,
enhancements, and upgrades from time to time.
4. PRODUCT INFORMATION AND USE
The Company attempts to be as accurate as possible in describing the product on the Site. However,
typographical errors, inaccuracies, and incomplete data cannot be ruled out. The Company does not
warrant that the description, color, information, or other content of the Site is accurate,
complete, reliable, current, or error-free. The product pictures are indicative and may differ from
the actual product. The Company reserves the right to correct, change or update information, errors,
inaccuracies, or omissions at any time (including after an order has been submitted) without prior
notice, including but not limited to pricing and availability of the devices.
The devices available for sale on the Site, and the samples, if any, that Site may provide you are
for your personal and/or professional use only and shall not be resold for any reasons.
Prices and availability of products are subject to change without prior notice and at the
discretion of the Company. The Company may revise and cease to make any product available at any
time. In the situation the delivery is delayed, the order will be completed or canceled on your
instructions, and where delivery is not possible, then you will be notified by an email, and
your order will be automatically canceled due to unavailability of the product. The Company
shall not be liable to pay for any damages in such an event owing to cancellation of the order
or delay in delivery.
The Company strives to provide accurate information regarding the product and pricing; however,
errors may occur. The pricing and availability of all devices are subject to change before you
purchase by clicking the button. All sales of devices are final subject to cancellation, return,
replacement, or refund as per company policy. Any order may be refused/canceled if, on account
of any technical error, the product is listed at an incorrect price or with incorrect
information. In the event that an item is wrongly priced, the Company may, at its discretion,
either contact you for instructions or cancel your order and notify you of such cancellation.
Unless the product ordered by you has been delivered, your offer will not be deemed accepted,
and the Company will have the right to modify the price of the product/ service and contact you
for further instructions using the email address provided by you during the time of registration
or placing of the order, or cancel the order and notify you of such cancellation. If an order is
canceled after the payment is received/processed, the said amount will be reversed.
6. INTELLECTUAL PROPERTY RIGHTS
For the purposes of this EULA, the term “Intellectual Property” shall mean any and all worldwide
rights existing now or in the future under patent law, copyright law, trademarks law, and works
subject to copyright, as may be manifest in or results from specifications, manuals, reports,
drawings, functional or system block diagrams, flow charts, circuit diagrams, design or user
documentation, engineering notebooks, schematics, simulation data, software, firmware, processes
or other embodiments of information, whether the patent or copyright has been obtained, applied
for (or is capable of being applied for), moral rights law, trade secret law, and any and all
similar proprietary rights, however, denominated, and any and all renewals, extensions, and
restorations thereof, now or hereafter in force and effect.
The names and logos and all related product names, design marks, and slogans are the trademarks,
logos, or service marks of the Company. Marks displayed on this Site, whether registered,
applied for registration, or unregistered, of the Company, are the intellectual property of the
No trademark or service mark license is granted in connection with the materials contained on
this Site, and access to this Site does not authorize anyone to use any marks in any manner.
This EULA is effective until terminated. Your rights under this license will terminate automatically
without notice from Company if you fail to comply with any of the terms and conditions of this EULA.
Upon termination of this EULA, you must cease all use of the Software and Firmware and destroy all
copies, full or partial, of the software.
8. DISCLAIMER OF WARRANTIES
Unless separately stated in a written express limited warranty accompanying your device, all
software/Apk provided by Company with the device, whether included with the device, downloaded, or
otherwise obtained) and the device is provided “as is” and on an “as available” basis, without
warranties of any kind from the Company or any of its affiliates, either express or implied. To the
fullest extent possible pursuant to applicable law, Company disclaims all warranties express,
implied, or statutory, including, but not limited to, implied warranties of merchantability,
satisfactory quality or workmanlike effort, fitness for a particular purpose, compatibility with the
device, reliability or availability, accuracy, lack of viruses, quiet enjoyment, non-infringement of
third party rights or other violation of rights. Some jurisdictions do not allow exclusions or
limitations of implied warranties, so the above exclusions or limitations may not apply to you. No
advice or information, whether oral or written, obtained by you from the Company or its affiliates
shall be deemed to alter this disclaimer by the Company of warranty regarding software, Apk, and/or
the device or to create any warranty of any sort from Company. You expressly acknowledge and agree
that, to the extent permitted by applicable law, use of the software and any services performed by
or accessed through the software is at your sole risk and that the entire risk as to the
satisfactory quality, performance, accuracy, and effort is with you.
9. LIMITATION OF LIABILITY
In no case shall Company, its directors, officers, employees, affiliates, agents, contractors,
principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or
consequential damages arising from your use of the device and/or the services or for any other claim
related in any way to your use of the software or Apk or the device, including, but not limited to,
damages to property, loss of goodwill, computer failure or malfunction, errors, omissions,
interruptions, defects, delay in operation or transmission, computer virus, failure to connect,
network charges, in-app purchases, and all other direct, indirect, special, incidental, exemplary,
or consequential damages and, to the extent permitted by law, damages for personal injuries,
property damage, lost profits or punitive damages from any causes of action arising out of or
related to this EULA or the software, the firmware, and/or the device, whether arising in tort
(including negligence), contract, strict liability or otherwise, even if advised of the possibility.
Where the laws do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such jurisdictions, Company’s liability shall be limited to the extent
permitted by law. Notwithstanding the foregoing, the Company’s total liability to you for all
losses, damages, and causes of action, including but not limited to those based on contract, tort,
or otherwise, arising out of your use of the software or third-party applications on this device,
the firmware, the device, or any other provision of this EULA, shall not exceed the amount you paid
specifically for the device or any such third party application that was included with this device.
You hereby irrevocably and unconditionally waive your right to sue or recover any damages from the
Company, its directors, officers, employees, affiliates, agents, contractors, principals, and
licensors as a result of its decision to remove or refuse to process any information or content, to
warn you, to suspend or terminate your access to any services, software, firmware or to take any
other action during the investigation of a suspected violation or as a result of Company’s
conclusion that a violation of this EULA has occurred. This waiver and indemnity provision above
applies to all violations described in or contemplated by this EULA.
10. GOVERNING LAW
You shall comply with the laws of India and/or any laws that may apply to You. Notwithstanding the
conflict of laws principle, the EULA shall be governed and construed in accordance with the laws of
India, and any dispute or other matter arising in reference to the use of the Device/Software/Apk
shall be referred to a sole arbitrator appointed by Company and shall be governed by the Arbitration
and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi
and shall be conducted in the English language. All the costs, charges, and expenses in connection
to the arbitration shall be solely borne by You. Subject to the above, the Courts have jurisdiction
under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which
the Court is entitled to determine under the aforesaid Act, including, without limitation, the
provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation
Act, 1996, shall exclusively by the courts at New Delhi, India. Notwithstanding the foregoing, you
agree that Company has the right to bring any proceedings before any court/forum of competent
jurisdiction, and You irrevocably submit to the jurisdiction of such courts or forum.
11. SITE SECURITY AND PROTECTION
The user is not allowed to use any device, software, or routine to interfere with the proper working
of this Site or any activity being conducted on this Site. You are prohibited from violating or
attempting to violate the security of the Site, including, without limitation, making unauthorized
access to data or server, unauthorized system access, unauthorized network access, security breach,
any virus attack, overloading, flooding, spamming, mail bombing, crashing, sending unsolicited
email, etc. Any such violation will be investigated by the Company, and such violators will be
You agree to bear the full, complete, and sole responsibility for using the Device and/or
Software for any purpose. You also agree to indemnify and hold the Company harmless from and
against any claims, proceedings, actions, damages, costs (including reasonable attorneys’ fees),
and expenses resulting from your use of the software and/or the device for any illegal purpose
and/or in breach of the provisions contained herein
If any provision of this EULA is held invalid, void, or unenforceable, then that provision shall
be considered severable from the remaining provisions, and the remaining provisions given full
force and effect
You acknowledge that your representations and warranties, obligations, and the clauses relating
to indemnities, limitation of liability, governing law, and confidentiality shall survive the
efflux of time and the termination of this EULA
governing your use of the device and the Software/Apk, superseding any prior agreements between
you Companypany regarding such use.
You hereby acknowledge and agree that the relationship between you and Company and its/their
affiliated companies is not a confidential, fiduciary, or other special relationship