Terms of Service

Please read the following Terms of Service carefully before downloading or using magicplan or other software provided by Technologies Sensopia Inc. These terms and conditions constitute a legal agreement between you and Technologies Sensopia Inc.

Summary

Table of Contents

1. Permitted Use
2. Content You Publish
3. Limitation of Use
4. Prohibited Conduct 
5. Your Representation and Warranties
6. Payment and Refund
   1. Subscriptions
   2. Additional Services
   3. Cancellation
   4. Refund
7. Links to Third-Party Websites 
8. Advertisement / Promotions
9. Idemnification
10. Limitation of Liability
11. Disclaimer of Warranty 
12. Use at Your Own Risk 
13. Membership, Account, Password, and Security
14. Governing Law & Waiver of Civil Code of Quebec
15. Dispute Resolution
    1. Arbitration
    2. Waiver of Jury Trial & Class Action
16. Effective Date & Terminiation
17. Notices
18. Notices for California Users
19. Your Feedback to Us
20. Changes to These Terms and Conditions
21. Definitions 

Legal Documentation Below

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These Terms are effective as of September 1st, 2022. 

IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. 

BY CLICKING/CHECKING THE “I ACKNOWLEDGE” BUTTON/BOX, ACCESSING SENSOPIA (magicplan) WEBSITE, OR BY UTILIZING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES. SENSOPIA’S SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

Welcome and thank you for selecting the Services offered by Technologies Sensopia Inc. (“Sensopia”, “we”, “our”, or “us”). Please review the following Terms of Service (“Terms”) carefully. 

The Services that Sensopia provides to you are subject to the following Terms. These Terms constitute a legal agreement between you and Sensopia.  By accessing or using our sites and our services, you hereby agree to be bound by the Terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the Terms and conditions before proceeding to use this site. By accepting electronically (for example, clicking “I Agree”), installing, accessing, or using the Services, you agree to these Terms.

These Terms constitutes the entire agreement between the parties and supersedes any other previous or contemporaneous communications, agreements, representations, or advertising with respect to the Services.

Your use of the Services is also subject to our Privacy Policy. Our Privacy Policy explains the personal data we process, how we process it, and for what purposes. 

Our Privacy Policy can be found here:

Privacy Policy App

Privacy Policy for the Website magicplan.app

1. PERMITTED USE

Sensopia hereby grants You a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable, license to use the Services and to Publish and share the Content you create.

You shall not duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Services. Furthermore, You agree not to alter or change the Services in any manner, nature or form, and as such, not to use any modified versions of the Services, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, You also agree not to access or attempt to access our Services through any means other than through the interface which is provided by us for use in accessing our Services. If you fail to abide by these conditions, your right to access or use of the Services shall be immediately terminated. Sensopia reserves all rights to bring a legal action against You relating to the protection of our Intellectual Property Rights or the Intellectual Property Rights of third parties. 

For Content that may be covered by Intellectual Property Rights, 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.

2. CONTENT YOU PUBLISH 

Through the use of our Services, you are provided with an opportunity to Publish your Content. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.

• You own all of the Content You Publish and You control whether You want to Publish it or not.
• You do not transfer ownership of your Content simply by Publishing it. However, by Publishing your Content, You grant us, our agents, licensees, and assigns an irrevocable, royalty free, perpetual (non-exclusive), world-wide right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. We may sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Without those rights, we couldn’t offer our Services. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. Please note that this license continues even if you stop using our Services, unless you provide us with a written request to delete your Content. 
• You agree to indemnify, release, and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you Publish.
• Keep in mind that if You send us any information, ideas, suggestions, or other communications to us, those communications will not be held in confidence and considered nonproprietary. We will not be liable for any use or disclosure of your Content. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to You.
• When You delete any Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, You understand that deleted 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 the intended recipient(s) to access and use the Content You Publish.
• To the extent permissible by law, You irrevocably waive, or agree not to assert against Sensopia or its affiliates, any moral rights or equivalent rights You may have in Content You share on the Services throughout the world.

3. LIMITATION OF USE

You acknowledge that Sensopia may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that Your Content will be retained by the Services, 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 Services 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 Services.

Subject to these Terms, You may subscribe or purchase through Sensopia or via Sensopia’s third-party partners our Services in order to have Your Content Published in some specific formats including, but without limitations, PDF, JPEG, DXF, CSV, IFC, XLS, PNG, SVG, OBJ, USDZ, XML, or FML. 

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.

4. PROHIBITED CONDUCT 

Please do not use our website or Services in a way that violates or threatens to violate any laws, infringes on anyone’s rights, is offensive, or interferes with our website, Services or any features.

We need Your help to ensure minimal interruption to our Services. You agree that Sensopia, in its sole discretion, can remove, refuse or move any Content or information You Publish.

You agree to refrain from engaging in any of the following activities:

• You will not upload viruses or other malicious code.
• You will not Publish Content that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• You will not use the Services to do anything unlawful, misleading, malicious, or discriminatory.
• You will not facilitate or encourage any violations of these Terms.
• You will not send or otherwise post unauthorized commercial communications (such as spam) via the Services.
• You will not do anything that could disable, overburden, or impair the proper working of the Services, such as a denial of service attack.
• You will not use the Services if You are under eighteen years old.
• You will not Publish Content or take any action using the Services that infringes or violates someone else’s rights or otherwise violates the law.
• You will not manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
• You will not, directly or indirectly, commit any act intended to interfere with the Services, the intent of these Terms, or Sensopia’s business.
• You will not export, copy, transfer, modify, translate or convert to another programming language, develop derivative code outside of the Services or any authorized partners.

If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using our Services, and take appropriate legal action.

5. YOUR REPRESENTATION AND WARRANTIES 

You represent and warrant to Sensopia that:

• You have the right and authority to enter into these Terms on Your own behalf, or if You are entering into these Terms on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of these Terms.
• You will comply with the terms of and fulfill Your obligations under these Terms.
• You will provide true, accurate, current and complete information about yourself as prompted by Sensopia registration form and You will maintain and update the Registration Data to keep it true, accurate, current and complete.
• You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with Your use of the Services, including without limitation any cost You incur from Your phone carrier or internet service provider to send information or access the Services.
• You will only use the Services for the purposes and in the manner expressly permitted by these Terms and in accordance with all applicable laws and regulations;
• To the best of Your knowledge and belief, Your Content does not and will not violate, misappropriate, or infringe any third-party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other Intellectual Property Rights;
• During Your first Publication, You will create an account with Your email as Your account I.D. You understand and agree that You are solely responsible for maintaining the confidentiality of Your account and are fully responsible for all activities that occur under Your account. You agree to immediately notify Sensopia of any unauthorized use of Your account or any other breach of security.
• You will not assign these Terms or any rights hereunder without the prior consent of Sensopia and any purported assignment by You shall be void. Sensopia may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without Your prior consent.

6. PAYMENT AND REFUND 

A. Subscriptions

The Services are currently available in a free model and offer free functionalities along with paid functionalities in an automatically renewed subscription form. We offer a variety of subscription levels and pricing options, which can be reviewed by You at www.magicplan.app/pricing or through the in-app stores where You purchased the Services. Subscription levels and pricing options are also available via issued quotes upon request.

Sensopia will charge your selected payment method (such as your credit card, debit card, or gift card/code) for any paid subscription, including any applicable taxes, at the beginning of your subscription term, either monthly or yearly. If we cannot charge your selected payment method, you remain responsible for any uncollected amounts, and we may attempt to charge You again or request that You provide another payment method. 

Subscription features and prices are subject to change. 

For purchases made through a third-part provider, please visit the third-party’s website to understand your rights with respect to refunds, account credit, gift cards, or discount codes.

B. Additional Services

In addition to subscriptions, we offer additional services that are available for purchase. These services are not part of Your magicplan subscription and their features and prices are subject to change. Detailed information about these services can be obtained through our website or by contacting our Sales or Support team via the contact form.

C. Cancellation 

If you are unsatisfied for any reason or no longer think You need our Services, You are free to cancel your subscription within seven (7) days prior to your monthly renewal for month to month subscription or four (4) weeks prior to the annual renewal for annual subscription.  

You can cancel your subscription (whether purchased through the website or in-app) at  https://help.magicplan.app/how-do-i-cancel-my-subscription. Don’t worry, we will continue to maintain a copy of your Contents after the termination of Services and you can access your Contents by signing into your Cloud account. You may view and download your Contents but cannot make any alterations or changes after the termination or cancellation of Your Services. However, if requested by You, we will delete your Contents. 

From time to time, Sensopia may suspend or cancel payment or refuse a refund request if we find evidence of fraud, abuse, or unlawful or other manipulative behavior that entitles Sensopia to a corresponding counterclaim. 

D. Refund

For purchases made through our website, refunds are available only within fourteen (14) days of Your initial purchase. No questions asked. 

Refunds are limited to the initial subscription fee paid by You and does not include any refunds for upgrades, additional purchases, extensions or additional users. 

For purchases made through an in-app store, please follow the refund policy of the applicable in-app store (Apple Store or Google Play). We honor the refund policy provided by the in-app service providers. 

7. LINKS TO THIRD-PARTY WEBSITES 

We use third-party services on our websites to assist in communicating or interacting with the public, including social media services, widgets, apps, pixels, and plugins, as further identified below. These services may distinguish or trace your identity, through, for example, persistent, multi-session cookies. 

Sensopia has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Sensopia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. Similarly, our Website or Services may contain advertisements from third parties. We do not control or endorse any products being advertised. 

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

You can configure your system to delete cookies or disable them. In general, we do not collect or disseminate information collected by these services. When interacting with these third parties, their privacy policies applies. 

Please visit our Privacy Policy for a detailed explanation on how we use analytics to improve our Services. 

8. ADVERTISEMENT/PROMOTIONS 

From time to time, Sensopia may deliver advertisements or showcase third-party promotions on our Website or via the Services. 

Any correspondence or business dealings with, or the participation in any promotions of, advertisers or promotions located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between You and any such advertiser/promoter. Moreover, You agree that Sensopia shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct or indirect result of any such dealings or as a result of the presence of such advertisers/promoters on our website.

9. INDEMNIFICATION

You shall indemnify, defend and hold harmless Sensopia, and its affiliates, subsidiaries, directors, officers, employees, independent contractors and agents from any and all third-party claims, damages, losses, liabilities, costs and expenses including, without limitation, reasonable attorney’s fees and court costs (collectively, “Claims”) arising out of, related to, attributed to, or in connection with (a) Your use of or access to the Services; (b) Your breach of these Terms; (c) Your breach of any applicable law or regulation; or (d) Your negligence, omission, or willful misconduct. You agree to be solely responsible for defending any and all Claims with counsel subject to our reasonable approval and subject to our right to participate with counsel of our own choosing. You agree to cooperate with Sensopia in defending such Claims. 

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 or use of Services. In no event shall the liability of Sensopia or its licensors for any damages arising out of or in connection with the Service or these Terms exceed the amount actually paid by You in the12 months preceding the date of the activity giving rise to the Claim, excluding the value of any upgrades, additional purchases, extensions or additional users. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SENSOPIA, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS/REVENUE, LOSS OF GOODWILL, LOSS OF DATA OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICES, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SENSOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM, EXCLUDING  THE VALUE OF ANY UPGRADES, ADDITIONAL PURCHASES, EXTENSIONS OR ADDITIONAL USERS. 

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, Sensopia’s liability will be limited to the greatest extent permitted by law.

11. DISCLAIMER OF WARRANTY

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

TO THE EXTENT PERMITTED BY LAW, YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES ARE AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SENSOPIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

(A) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.

(B)   NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. 

(C)   THAT THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS.

(D) THAT THE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

(E)   THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

(F)    THAT THE QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

(G)  THAT ANY INFORMATION OR MATERIAL DOWNLOADED, UPLOADED, TRANSFERRED, OR OTHERWISE OBTAINED BY WAY OF SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

(H) NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SENSOPIA OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. USE AT YOUR OWN RISK

THE SERVICES AND CONTENT MADE AVAILABLE TO YOU ON THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE HERE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES OR WEBSITE AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES PROVIDED BY THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF INFORMATION, CONTENT, OR OTHER MATERIALS OR SERVICES INCLUDED ON THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, TO THE EXTENT YOUR STATE LAW ALLOWS FOR SUCH DISCLAIMERS.

13. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires you to open an account, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities that occur under your account. You agree to notify Sensopia immediately of any unauthorized use of your account or any other breach of security. Sensopia will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge or permission. However, You could be held liable for losses incurred by Sensopia or another party due to someone else using your account or password. You may not use anyone else's account at any time.

14. GOVERNING LAW & WAIVER OF CIVIL CODE OF QUEBEC

These Terms shall be governed and interpreted in accordance with the Laws of Province of Quebec, Canada.  Should any article or part of an article be illegal or unenforceable under the Laws of Quebec, it shall be considered severable and the remainder of the Terms shall remain in full force and effect. These Terms shall prevail over any provision of the Civil Code of Quebec which is inconsistent with the intention of the parties as expressed herein. All such Civil Code provisions are hereby deemed to have been expressly waived or set aside by the parties hereto to the extent necessary to give effect to any provision of these Terms which provides differently from the Civil Code in connection with the same matter. 

Your use of the Services 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 Services resides in the courts of the Province of Quebec. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms. No action, regardless of form, arising out of or relating to these Terms may be brought by You more than two (2) years after the cause of action has occurred.

15. DISPUTE RESOLUTION

A. ARBITRATION

In the event of any controversy or claim arising out of or relating to these Terms, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators shall be one; the place of arbitration shall be in Montreal, Quebec; and the language(s) of the arbitration shall be English. The decision of the arbitrator is final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

B. Waiver of Jury Trial & Class Actions

THE  PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A  TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. 

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. 

16. Effective Date and Termination

These Terms shall be effective as of Your first use of the Service. Your rights under these Terms will terminate immediately and automatically, without any notice to You, if You fail to comply with any of the terms and conditions of these Terms or otherwise create risk or possible legal exposure for Sensopia.

You agree that Sensopia, in its sole discretion, may terminate, with or without notice to you, Your account or Your use of the Services, and remove and discard any Content within the Services, for any reason, including, but without limitation, (a) lack of use, (b) as a result of Your relationship with a partner of Sensopia, (c) You have violated or acted inconsistently with these Terms, (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 Services (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,  and/or (j) nonpayment of any fees owed by You in connection with the Service.

Don’t worry, we will continue to maintain a copy of your Contents after the termination of Services and you can access your Contents by signing into your Cloud account. You may view and download your Contents but cannot make any alterations or changes after the termination or cancellation of Your Services. However, if requested by You, we will delete your Contents. 

Sensopia’s failure to enforce any right or provisions of these Terms will not constitute a waiver of such provision or any other provision of these Terms.

Termination by Sensopia shall not entitle You to any refund. Regardless of who terminates, Sections 2, 5, 9-21 will survive expiration or termination.

17. Notices

All notices to Sensopia shall be in writing and sent to: Technologies Sensopia Inc., 465 Rue St Jean, Suite #1003, Montréal Québec H2Y 1V8, Canada; with a copy emailed to legal@magicplan.app.

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. All notices to Sensopia will be addressed to the attention of the Legal Department.

18. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S‑202, Sacramento, California 95834, or by telephone at (800) 952‑5210.

19. YOUR FEEDBACK TO US

Have something to say? We love to hear from you. You may provide us with suggestions, comments and other feedback (“Feedback“), but you do so with the understanding that you will not be compensated for your Feedback. 

You assign all rights, title and interest in any Feedback You provide to us. If for any reason such assignment is ineffective, You agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

20. CHANGES TO THESE TERMS AND CONDITIONS

Sensopia reserves the right to update the Terms at any time without notice to You. Each time You use the Services, the then-current version of the Terms will apply and be enforceable against You. You can review the most current Terms by clicking on the "Terms of Use" hypertext link located at the bottom of our website.

By using or accessing the Services, You accept and agree to be bound by the revised Terms 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. IF YOU DO NOT AGREE TO THE NEW TERMS, IN WHOLE OR IN PART, PLEASE STOP USING THE WEBSITE AND THE SERVICE.

21. Definitions

(a) “Content” means any information or data made available via the Services including, without limitations, photos, videos, audio recordings, logos, floor plans, estimates, price lists, customer information (address, name, phone number, email), URLs, or comments. The Content excludes the Presentation Code. 

(b) “Documentation” means all operating instructions and user, installation, set-up, configuration, training, and support manuals provided from time to time to You, whether prepared by Sensopia and/or its suppliers and/or its licensors or otherwise, in any form or medium whatsoever, as corrected, fixed, repaired, improved, modified, refined, upgraded, updated, or enhanced from time to time.

(c) “Device” means the iPhone, iPad or iPod hardware device or any other electronic device that runs the Android operating system on which the Sensopia Software is installed.

(d) “Device OS Product” means an Apple-branded product that runs the iOS operating system software developed by Apple or any other electronic device that runs the Android operating system.

(e) “Intellectual Property Rights” means all rights, title and interest, including, without limitation, all copyright, patent, trade secret, trademarks, service marks, database rights, trade names, design rights and other intellectual property and proprietary rights, whether or not registered, and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.

(f) “Presentation Code” means the code in machine-readable language such as html or Javascript developed or generated by Sensopia and its licensors to present the Content via the Services.

(g) “Publishing“, “Publish” and “Publication” means the export of the Content, via Sensopia Services, onto a server owned or controlled by Sensopia or its licensors, regardless of format (including without limitation pdf, jpeg or web page).

(h) “Sensopia” means Technologies Sensopia Inc., a Canadian corporation having its principal office at 465 Rue St Jean, Suite #1003, Montréal Québec H2Y 1V8, Canada; including Sensopia’s subsidiaries, affiliates, officers, employees, agents, partners and licensors.

(i) “Sensopia Cloud” means the software modules, applications, and databases stored and operated on a server by Sensopia in support of magicplan.

(j) “Sensopia Data” means data generated by the Sensopia Software including without limitations as the case maybe photos, dimensions, room information, room aggregation information, room and floor plans.

(k) “Services” means the software products, including their updates and documentation, developed by Sensopia to produce Content, including but not limited to: magicplan including the publishing of Your Content which Sensopia makes available through its website at magicplan.app, any other Sensopia branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) or any third party server or site. 

(l) “Terms Of Service” or “Terms” means this agreement.

(m) “Trademarks” means Sensopia, Sensopia’s logo and any other trademarks, logos or service marks published at sensopia.com.

(n) “You” and ”Your” means and refers to the person(s) or legal entity using the Sensopia Software or otherwise exercising rights under these Terms. If You are entering into these Terms on behalf of Your company (including Affiliates), organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” also refers to such an entity or organization.

 

Last Updated September 2024