Terms

By using sensainvestments.com (defined to include all properties – mobile, Web or otherwise), properties owned and operated by Sensa Investments (“Sensa”, “sensainvestments.com”), related data, product, information and services (collectively, “Services”), you agree to be bound by the following terms of use (the “Terms”). Sensa Investments reserves the right to change the Terms from time to time without notice so be sure to check this page regularly. If you do not agree to the Terms, you should not use the Website. Our Privacy Policy, available at https://sensainvestments.com/privacy-policy/, is incorporated by reference into the Terms.

If you are entering into this agreement on behalf of a legal entity, you represent that you have the authority to bind such entity, in which case the terms “you” or “your” shall refer to such entity.

1. Content, Information and Data

1. All content made available through the Services (including, without limitation, all information and infrastructure, associated financial tools, data, investment write-ups, user information, data, newsletters, blog posts, general text, graphics, and their selection and arrangement, collectively, the “Services Content”) is the property of Sensa Investments. No Services Content may be modified, copied, distributed, reproduced, republished, downloaded, posted, transmitted, or sold in any form or by any means, in whole or in part, without Sensa’s permission in each instance.
2. The Services are provided “as is”. Your use of the Services and Services Content (including that of third parties and our suppliers) is at your own risk. Sensa makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or (v) any errors in the technology will be corrected. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Sensa through or from the Services will create any warranty not expressly stated in these Terms.
3. Provided that you are eligible to use and access the Services and subject to the conditions of the Terms, you may be granted a limited license to access the Services Content and to download or print a copy of any portion of the Services Content to which you have properly gained access solely for your own use, provided that you keep all copyright or other proprietary notices intact. Use of the Sensa data is exclusively for personal or research purposes and may not be utilized to build an application intended for use by end users other than for you. You may not utilize the Sensa data for professional purposes for which you are compensated. You may not share your access to Sensa data with other individuals. You may not include Sensa data identified as being provided with no redistribution rights in any application or otherwise provide or display the data to a third-party in a dynamic (i.e. frequently updating the data being displayed) or static (i.e. conducting research and sharing the results with co-workers) manner through technological means relating to an API call or otherwise. You may not upload or republish Services Content on any Internet, Intranet or Extranet site or incorporate the information in any database or compilation, and any other use of the Services Content is strictly prohibited. You agree to abide by all additional copyright notices or restrictions contained in the Services Content. If you wish to access Sensa data for professional use, please contact us.
4. You agree that the Services do not provide trading, investing, financial, tax, legal, or other advice, and you accept sole responsibility for the consequences of any decisions you may make based on information you obtain from the Services. The Services are not a financial planner, investment advisor, broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should obtain additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances.

2. Use of Website

1. You agree not to export from anywhere any part of the Services and Services Content provided to you except in compliance with, and with all licenses and approvals required under applicable export laws, rules and regulations. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
2. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Sensa may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or assign, transfer or sub license your rights, if any, in the Services.
3. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Sensa grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.

3. Eligibility and Responsibility

1. To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only provide accurate information to sensainvestments.com; (iv) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (v) will not violate any rights of sensainvestments.com or a third party.
2. By registering for the Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.

4. Privacy and Security

1. You may not share your Sensa user account with others. You are responsible for all actions taken via your account. Sensa will treat your use of the Services in accordance with its Privacy Policy (https://sensainvestments.com/privacy-policy/). Certain functions may involve the distribution of your Submission to third party Web sites over which Sensa has no control. Sensa is not responsible for and makes no warranties or representations pertaining to these third-party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third-party Web site and you understand that your Submission and your use of a third-party Web site will be treated in accordance with that third-party Web site’s own privacy policy.
2. You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
3. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Services. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.” By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify us immediately at the email address [email protected]

5. Transactional Messages

By providing your email address and/or phone number, you agree to receive regular transactional messages via email and SMS related to the product(s) you have subscribed to. These email messages are essential for us to deliver our services, and therefore, users cannot opt out of receiving them. However, if you wish to discontinue receiving SMS messages, you can simply remove your phone number from the account details page in your user dashboard. We value your privacy and strive to provide you with a seamless and secure user experience while respecting your preferences.

6. Acceptable Use Policy

1. You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

• Acts that may materially and adversely affect the quality of other users’ experience;
• Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
• Introducing malicious programs into Sensa’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
• Engaging in any monitoring or interception of data not intended for you without authorization;
• Attempting to circumvent authentication or security of any host, network, or account without authorization;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
• Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other Services Content on sensainvestments.com and from our suppliers, in whole or part;
• Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by sensainvestments.com in writing;
• Using any method, software or program designed to collect identity information, authentication credentials, or other information;
• Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third-party rights;
• Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
• Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Falsifying user identification information;
• Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; and/or
• Impersonating any person or entity, including, but not limited to, a Sensa representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

7. Third Parties

1. Sensa may display links to other websites and content, information and data obtained from other websites. You agree that we are not responsible or liable for any actions or inactions of other websites.
2. The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties. Sensa does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Sensa has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Sensa takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
3. You understand that we may use third-party vendors to provide necessary hardware, software, networking, storage, and related technology to run the Website. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third-parties.
4. With the Services, you may direct us to retrieve your own information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Sensa works with one or more online financial service providers to access this Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Sensa is not responsible for the products and services offered by or on third-party sites. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Information, user data, communications or personalization settings, or any content you post on, or provide, or provide access to in connection with the Services Content.
5. By using the Services, you expressly authorize us to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Connect with” or “Share” or “Social Login” with other third-party account logins of the service, you will be directly connected to the website for the third party you have identified. Sensa will submit information including usernames and passwords that you provide to Sensa to log onto such site. You hereby authorize and permit us to access, use and store information submitted by you to the service to accomplish the foregoing and to configure the service so that it is compatible with the third-party sites for which you submit your information. For all purposes hereof, you hereby grant Sensa a limited power of attorney, and you hereby appoint Sensa as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when Sensa accesses and retrieves information from third party sites, Sensa is acting as your agent, and not the agent or on the behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third-party account providers accessible through the service.

8. Intellectual Property and Data Feeds

1. You agree to use the Services for your personal use, and otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, or reverse engineer any portion of the Services. You may display and distribute derivative works from the Website for non-commercial purposes only, so long as Sensa is cited as a source.
2. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, or other similar purposes. You agree not to use the Services in any way that is unlawful, or harms Sensa, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, applications. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Sensa. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law.

9. Limitation of Liability

1. You agree to defend and hold Sensa, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your Sensa user account or that you otherwise make available through the Services.
2. You release Sensa, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.
3. All information on Sensa is provided “as is” for informational purposes only, not intended for trading purposes or advice. Neither Sensa nor any of independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein.
4. You agree that neither Sensa nor any of its affiliates, suppliers, and account providers will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Sensa has been advised of the possibility of such damages, resulting from:

• The use or the inability to use the Services;
• The cost of getting substitute goods and services;
• Any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Services;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of anyone on the Services;
• The use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages;
• Any other matter relating to the Services you may have the opportunity to provide other users with access to your account information.

5. Sensa is a tool offered to enable collaboration between users at their sole discretion. Your account information includes sensitive and private information and you are fully responsible for all of the consequences associated with providing your information to other users to whom you grant access to your account. You shall not hold Sensa nor any of its affiliates liable for any harms, as described above, that may result from or relate to such users accessing your account information. Sensa does not control and shall not be responsible for the acts of other visitors or users to whom you have granted access to your financial or other information.
6. Notwithstanding any other provision of this agreement, Sensa’s liability for any cause whatsoever, regardless of the form or cause of any claim made against Sensa in conjunction with your use of the Services, shall not exceed the sum of any amounts paid to Sensa for your use of the Services in the preceding 12 (twelve) months.

10. Indemnification

1. You agree to protect and fully compensate Sensa and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You further agree that if any third party brings any claim or action against Sensa or any of its affiliates arising out of or related to your use of the Services, to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including without limitation reasonable legal fees and costs) related to any such claim.
2. In no event will Sensa or any supplier be liable for any damages, including without limitation any indirect, inconsequential, special, incidental, or punitive damages arising out of, based on, or resulting from these Terms or your use of the Services, even if such party has been advised of the possibility of damages. The exclusion of damages under this paragraph is independent of your exclusive remedy set forth below and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (i) Breach of Contract, (ii) Breach of Warranty, (iii) Negligence, or (iv) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you do not agree with any part of these Terms, or you have any dispute or claim against Sensa or its suppliers with respect to these Terms, then your sole and exclusive remedy is to discontinue using the Services.

11. Copyright Owners

1. For materials you post or otherwise provide to Sensa in connection with the Services (your “Submission”), you grant Sensa an irrevocable, perpetual, royalty-free worldwide license to (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (ii) sub-license these rights, to the maximum extent permitted by applicable law. Sensa will not pay you for your Submission or exercise any rights related to your Submission set forth in the preceding sentence. Sensa may remove or modify your Submission at any time.
2. By accepting this agreement, you grant Sensa a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Services Content that you post on, or provide, or provide access to in connection with the Services. By submitting or providing us with access to this Services Content through Sensa, you represent that you are entitled to submit it or provide access to it to us, without any obligation by us to pay any fees or other limitations. This Content License ends when you delete your Content or your account, unless your Content has been shared with others or in public forums and has not been deleted by administrators or by those with whom you shared your Content. You agree that others may copy your Content if you make it accessible to them and that Sensa is not responsible for any consequent use of your Content. You agree that Sensa may share your Content with third-party sites solely in order to provide you with the Service and that between Sensa and any third-party, Sensa owns the license to any such Content and confidential account information.

12. Fees and Payment Terms

1. Sensa may offer a pay-as-you-go subscription service, and we are not obligated to issue refunds regardless of the reason for cancellation. “Subscriber” means the company, organization, employer, principal or other legal entity named and for whom Sensa provides the Services pursuant to these Terms. A refund may not be issued even if you cancel immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on July 4th, and you cancel your subscription account on July 18th, you are still responsible for paying for the entire billing period. This will be the remainder of the monthly period if you are on the monthly plan, or be the remainder of the annual period if you are on the annual plan. No subsequent charges are applied to your credit card, but the amounts already charged are not refunded.
2. Sensa may also offer regular (monthly, quarterly, semi-annual, or annual) subscriptions and collect subscription fee on a regular basis depending on the billing cycle you choose. All fees will be paid at the commencement of the Services. The Services will auto renew for subsequent periods. Sensa reserves the right to increase the subscription fee at any time with 30 days of notice to the Subscriber. Subscriber agrees to pay the regular subscription fee of the Services on sensainvestments.com according to any applicable card issuer agreement. Subscriber expressly authorizes to Sensa to automatically charge the applicable card on a regular basis in accordance with these Terms. For example, if a subscriber chooses the monthly (quarterly, semi-annual, or annual) billing period, Sensa will automatically charge the applicable card on a monthly (quarterly, semi-annual, or annual) basis. Subscriber agrees that any fee increase made in accordance with this Section may also be charged to the same card in the same manner.
3. Subscriber Termination. The initial term of the Service Agreement is one month for Monthly Subscription or annual for twelve-months Subscription. Following the initial term, the Service Agreement will auto-renew on a monthly or annual basis at the current published subscription rates in force until otherwise terminated. The agreement can be terminated by the Subscriber at any time and auto-renewal will cease immediately upon Sensa receiving a termination notice. The Services may be used until the paid through service expiration date is reached.

13. Right to Restrict or Terminate Access

1. Sensa reserves the right to immediately suspend performance or terminate these Terms without notice and without liability in (i) the event that the Subscriber fails to pay any amount due to Sensa (ii) any content necessary for Sensa to perform its obligations become unavailable to Sensa for any reason and/or (iii) in the event of any conduct by Subscriber which Sensa, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of these Terms. Sensa may discontinue any of our subscription products at any time.
2. Sensa reserves the right, in its sole discretion, to change, suspend, restrict, terminate, or discontinue all or any part of the Services for any reason or no reason, at any time without prior notice or liability.

14. Electronic Notices and Disclosures

1. You acknowledge and agree that Sensa may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Sensa’s website or by emailing it to you at any email address provided to Sensa by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

15. Changes to the Terms

1. Sensa reserves te right to change these Terms at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms to sensainvestments.com. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms. You are responsible for regularly reviewing these Terms. Sensa may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
2. Sensa may amend these Terms at its sole discretion from time to time. If we decide to change our terms and conditions, we will post those changes on this page, and/or update the Terms modification date below.

16. General Terms

1. These Terms, along with any rules, guidelines, or policies published on the sensainvestments.com website constitute the entire agreement between Sensa and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall prevail. No amendment to these Terms by you shall be effective unless acknowledged in writing by Sensa. Notwithstanding the foregoing, Sensa reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
2. You agree that Sensa shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Sensa.
3. Sensa’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Sensa may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Sensa, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Sensa. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Sensa, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.
4. These Terms and the relationship between you and us shall be governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any dispute.
5. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect. In any event, such an invalid or unenforceable provision shall have no effect on the validity or enforceability of the remaining provisions.

You may contact Sensa at [email protected].

Last Revision Date: 12 November 2023