Terms and Conditions
These terms and conditions (“Terms”) govern the use of the software Evenflo SensorSafe(”SensorSafe”) for mobile devices, provided by Evenflo Company, Inc. (“Application Provider”).
Evenflo SensorSafe is an application that connects your mobile device to the sensor technology located in the chest clips of your child’s seat. User can activate the application and connect to the SensorSafe chest clip or receiver (connected to OBD port of the vehicle or otherwise). User is notified when one or more of their chest clips have come undone, when the child is buckled in their seat for over two hours, temperature becomes too hot or too cold, or if the child remains fastened to its seat after the driver has left the vehicle.
Please take a moment to read the following Terms to learn how we collect and safeguard your personal information.
Accepting of Terms
By downloading, installing or using SensorSafe, you accept these Terms and agree to be bound by them. These Terms form a legally binding agreement between you and Application Provider regarding your use of SensorSafe and services provided (“Services”). If you do not agree to these Terms, you may not download, install or use SensorSafe.
Usage of the Application
To be able to use SensorSafe and the Services, you must have a compatible mobile telephone or handheld device(s), internet access, and the necessary minimum specifications to use SensorSafe. The Software minimum requirements are as follows: iOs 10 and Android 5.0; Language: English. We reserve the right to change the Software Requirements for SensorSafe as may be necessary, in our sole discretion.
To create an account and to register and use SensorSafe and the Services, you must be 18 years or older, provide your full legal name, email address, and any other information requested to complete the signup process. Alternatively, in countries where available, you may register and sign in with your Facebook account.
You are the sole authorized user of your account. You are fully responsible for maintaining the confidentiality of your account information, including your account password. Therefore, you must ensure that others do not gain access to your password and account. You are also responsible for all activities that occur in connection with your account. If you suspect that any unauthorized party is using your account, please notify us immediately.
We are offering SensorSafe to you for your own personal use without cost, but you are not allowed to copy, reproduce, reverse engineer, duplicate, sell, resell or modify or exploit SensorSafe, or any part of it, or any of our intellectual property, including but not limited to our copyrights or trademarks, in any way. You are not allowed to attempt to extract the source code of SensorSafe, or translate SensorSafe into other languages. SensorSafe itself, and all the trademarks, copyrights, database rights and other intellectual property rights related to it, belong to us or third parties from whom we have appropriate licensing rights, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and nothing contained herein shall be construed to convey any ownership rights to you.
If you are using SensorSafe outside of an area with wireless internet access, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing SensorSafe. In using SensorSafe, you are accepting responsibility for any such charges, including roaming data charges if you use SensorSafe outside of your home territory (i.e. region or country).
Liability and indemnity of the User
Your use of SensorSafe and the Services is subject to all applicable laws, regulations and these Terms, and you are solely responsible to ensure that your use of SensorSafe and the Services is in compliance therewith. You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
You agree to defend, indemnify and hold harmless the Application Provider, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of: 1) you, or your employee’s, agent’s, or a third party’s misuse of SensorSafe or the Services in violation of these Terms, or 2) any violation of law by you, your employees, or agents. This obligation shall survive the termination or expiration of these Terms and/or your use of SensorSafe or the Services.
To the maximum extent permitted by applicable law, SensorSafe and the Services are provided without warranty of any kind, and we hereby disclaim all warranties and conditions with respect toSensorSafe and the Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. We do not warrant that the functions contained inSensorSafe or the Services will meet your requirements, that the operation ofSensorSafe or the Services will be uninterrupted or error-free, or that defects inSensorSafe or the Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty.
Certain components or features of SensorSafe and the Services may include materials from third parties and/or hyperlinks to other resources, websites, or content that is operated by companies that are not affiliated with us. You acknowledge and agree that we do not endorse or warrant the accuracy of any such sites or resources.
Limitation of Liability of the Application Provider
You acknowledge and agree that in no event shall we be liable for any indirect, special, incidental, consequential (including, without limitation, lost profits, business interruption, or lost information), or other damages based in contract, tort or otherwise, rising out of your use of or inability to use SensorSafe or the Services.
You agree that we will not be liable to you or to any third party in the event SensorSafe or the Services are inaccessible or malfunction, or for any disruption in the Services or use of SensorSafe. You further acknowledge and agree that we are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device, mobile telephones, or motor vehicle as a result of the installation or use of SensorSafe.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. And in any event, our liability shall be limited to the purchase price of the product in which SensorSafe or the Services are available or any other liability that cannot be excluded or limited by applicable law.
These Terms may be terminated by either party at any time. You may cancel your account or any of the Services at any time and for any reason by providing email notice to email@example.com. Upon any termination, the rights granted to you herein shall terminate and you must cease all use of SensorSafe and the Services.
We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) SensorSafe and the Services, or any portion thereof at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.
SensorSafe is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of SensorSafe to) may change, and you’ll need to download the updates if you want to keep using SensorSafe. The Application Provider does not promise that it will always update SensorSafe so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device.
Additionally, these Terms may be updated from time to time for any reason. You are advised to consult these Terms regularly for any changes, as continued use is deemed approval of all changes.
Other Important Terms
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
If you have any questions regarding using SensorSafe, the Services or these Terms, please email us at firstname.lastname@example.org or contact us at the address below.
Evenflo Company, Inc.
3131 Newmark Dr., Suite 300
Miamisburg, OH 45342
Last Update: December 6, 2022.