Términos del servicio

April 5, 2024

These terms of service (these “Terms of Service”) govern your (i) access to and use of the website: jointheplanetproject.com (together with all such versions of the website optimized for mobile or other use, the “Site”), the Content (as defined herein) and the Platform (as defined in the Privacy Policy) and (ii) your acquisition of the Product (as hereinafter defined).  The Site and the Platform are each owned by Sense Up Management LLC, a Delaware limited liability company (“Sense Up”, “we”, “us” or “our”). 

BEFORE ACCESSING OR USING THE SITE, THE CONTENT OR THE PLATFORM, OR ACQUIRING THE PRODUCT YOU SHOULD CAREFULLY REVIEW THESE TERMS OF SERVICE AS WELL AS OUR PRIVACY POLICY (the “Privacy Policy”), WHICH IS INCORPORATED BY REFERENCE TO THESE TERMS OF SERVICE.

Please note: Section 15 of these Terms of Service contains an arbitration clause and jury trial waiver that requires you and Sense Up to resolve all disputes with each other on an individual basis through final and binding arbitration.  Please read these terms carefully.

By accessing or using the Site, the Content (as defined below) or the Platform in any way or acquiring the Product, you are acknowledging that you are of legal age to enter into binding contracts and understand, accept and agree to be bound by these Terms of Service and our Privacy Policy.  If you do not agree to these Terms of Service and our Privacy Policy, including the agreements referred to herein and therein, you must not access or use the Site, the Content or the Platform or acquire the Product. 

  1. Changes to Terms of Service: We may update the Site, the Content, the Platform and these Terms of Service, as the case may be, at any time. The effective date of these Terms of Service is set forth at the top of these Terms of Service. Your continued access to or use of the Site, the Content or the Platform or acquisition of the Product after we update these Terms of Service constitutes your acceptance of and agreement to be bound by the terms of such amended Terms of Service which shall supersede and replace in their entirety all previous versions hereof.  We encourage you to review these Terms of Service on a regular basis to ensure you are familiar with the current version.  Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages on the Site, the Content or the Platform.

  2. Privacy: Your access to or use of the Site, the Content or the Platform and acquisition of the Product are also subject to our Privacy Policy. We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we may collect personally identifiable information from the users of the Site, the Content and the Platform and acquirers of the Product.  WE ENCOURAGE YOU TO REVIEW THE TERMS OF SECTION 12 AND SECTION 13 OF THE PRIVACY POLICY WHICH SETS FORTH CERTAIN ADDITIONAL PRIVACY RIGHTS THAT ARE AVAILABLE TO CERTAIN INDIVIDUALS.
  3. Use of Site and the Platform: We authorize you to access and view the materials on the Site (including the Content), to use the Platform and to acquire the Product solely for your personal, non-commercial use.  In doing so, you agree you will not: (i) use the Site or any feature of the Site (including without limitation, the Content) or the Platform for any purpose which we determine in our sole and absolute discretion to be unlawful, tortious, abusive, harassing, libelous, defamatory, obscene, misleading, threatening, hateful, racist, or embarrassing, or that violates proprietary or intellectual property rights of Sense Up or third parties, including patents, trademarks, or copyrights, or that compromises the privacy of another party’s communications; (ii) act in a manner that may damage the image or reputation of Sense Up, the Product or our other products or services; (iii) use the Site or any feature of the Site (including without limitation, the Content) or the Platform to transmit any advertising, promotional materials or similar materials without our express written consent; (iv) collect, store, use or disseminate Personal Information (as defined in the Privacy Policy) about other users of the Site, the Content or the Platform or acquirers of the Product; (v) upload, post, email, or otherwise transmit or introduce any material that contains viruses, Trojan horses, ransomware, or any other computer code, files, or programs that might alter, interrupt, limit, or interfere with the functionality of the Site, any function of the Site, the Content, the Platform or any computer software or hardware or telecommunications equipment, including servers; or (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict improper access through the Site, or features that enforce limitations on the use of the Site or the Content.

    Information provided on the Site (including without limitation, the Content) or made available through the Platform is not intended for distribution to or use by and our offer for sale of the Product is not made to any person or entity in any jurisdiction or country where such distribution, use or acquisition would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Persons who choose to access the Site or the Platform or acquire the Product from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.  We make no representations that the Product, the Content, or our other products or services made available through the Site or the Platform will be available or appropriate in every jurisdiction in which the Site or the Platform may be accessed or used.  You access and use the Site and the Platform and purchase our Product or our other products and services, as applicable, at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.  You have the right to stop accessing or using the Site or the Platform at any time.  We may, in our sole discretion and without notice to you, terminate the Site or the Platform and your use thereof and your ability to acquire the Product, or generally cease offering or deny access to all or any portion of the foregoing.

  4. Content: The Site and the Platform and all of their content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text design, graphics, logos, icons, images, video, audio, downloads, interfaces, code and software, and all other intellectual property exhibited or made available on the Site or through your access to or use of the Platform (collectively referred to as, the “Content”), are all proprietary and are owned or controlled by us, our licensors and certain other third parties. All right, title and interest in and to the Content available on the Site or through the Platform is the exclusive property of and owned by us, our licensors or certain other third parties, as the case may be, and is protected to the fullest extent by applicable laws.  We do not grant you any license or right to use the Content by providing you with access to and use of the Site or the Platform other than as explicitly set forth herein.  You are strictly prohibited from reselling, decompiling, reverse engineering, disassembling, storing, reproducing, communicating, using, displaying, distributing, exploiting, exhibiting, creating derivate works from or transmitting the Content without our prior written permission.  Any unauthorized use of any of the Content in violation of these Terms of Service or the Privacy Policy is prohibited and may violate applicable intellectual property laws. 

  5. Promotions: If we conduct any sweepstakes, contests or other promotions (“Promotions”), the terms of each such Promotion shall be governed by terms and conditions set forth on a landing page designated for the corresponding Promotion, these Terms of Service and the Privacy Policy, as the case may be.

  6. Account Security: Certain Content, products or services available on the Site or through the Platform may require you to register with us or provide us with certain information (including Personal Information) before you are able to gain access to the same (an “Account”). Should you elect not to provide us with such information, you may not be able to access such Content, participate in certain features of the Site or the Platform or acquire the Product.

    Should you create an Account, it is your responsibility to maintain the completeness and accuracy of your Account information and make all necessary updates thereto to ensure the currency thereof.  Moreover, you may be required to provide an email account and create a password to your Account and it is your sole responsibility to maintain the confidentiality of your password and we shall not be liable for any unauthorized access to your Account.  You will be solely responsible for any and all conduct that occurs through the use of your Account and you shall immediately inform us of any unauthorized access to or use thereof.  We shall not be liable for any loss that you may incur as a result of someone else using or accessing your Account, either with or without your knowledge.  We reserve the right to suspend or deactivate your Account at any time in our sole and absolute discretion, with or without notice to you, and we shall not be liable to you for any damages or losses you incur in connection with such suspension or deactivation or your inability to access Content, to participate in certain features of the Site or the Platform or to acquire the Product.  If you wish to terminate your Account, then please email our customer experience team.

  7. Disclaimers: TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE CONTENT, THE SITE, THE PLATFORM AND THE PRODUCT ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. We further do not warrant the accuracy and completeness of the Content on the Site or the Platform.  We may make changes to the Content, the Site or the Platform, or to the Product or other products and services described therein, including the prices therefore, at any time without notice.  The Content on the Site or the Platform may be out of date, and we make no commitment to update the Content on the Site or the Platform.  Information published on the Site or as part of the Content or the Platform, as the case may be, may refer to products, programs or services that are not available in your jurisdiction. 

  8. Use of Credit or Debit Card: If you wish to purchase the Product or any other product or service made available through the Site or the Platform, you may be asked to supply certain information relevant to your transaction, including without limitation your credit or debit card number, the expiration date of your credit or debit card, your security code, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY SUCH TRANSACTION.  By submitting such information, you grant us and the third party service providers collecting that information on our behalf, as the case may be, the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any such transaction.

  9. Product Availability: In many cases, the Product and our other products and services are provided by our licensees or other third parties in various jurisdictions and not by us directly. We will use commercially reasonable efforts to fulfill or have such third parties fulfill all customer orders; however, we cannot guarantee the availability of the Product or any other product or service displayed on the Site or the Platform.  We also are not responsible for the fulfillment on a timely basis or at all of the Product or our other products or services provided by our licensees or other third parties.  Not all products (including the Product) or services are available in all jurisdictions.  We do not warrant that the descriptions or the prices for the Product set forth on the sites of third parties are accurate, complete, reliable, current or free of error.  By purchasing the Product, you expressly acknowledge that the Product is made almost entirely of recycled materials collected from oceans and rivers from around the world and the time associated with manufacturing the Product may impact the availability and timely delivery thereof.

  10. Links to Third Party Websites: Links on the Site or the Platform to third party websites (including Shopify, those of our licensees and Third Party Services (as defined in the Privacy Policy)) are provided solely as a convenience to you and we do not endorse or make any representations or warranties about the content, completeness or accuracy of the information provided on such third party websites. Should you decide to use such links, you agree that you are doing so at your own risk as you will leave the Site or the Platform.  We do not control and are not responsible for any of these third party websites or their content.  We encourage you to be aware when you leave our Site or the Platform and to read the terms of use and privacy statements of each website that you visit.  The Privacy Policy referenced in these Terms of Service applies only to information collected by the Site or our Platform.

  11. Purchase and Sale of Product

    1. The Product. For purposes of these Terms of Service, “Product” means a replica of the left boot of footballer Lionel Andrés Messi that is made available for purchase (while supplies last) through the e-commerce platform “Shopify”.  The Product is not wearable, it is a piece of memorabilia meant for decoration purposes.
    2. Payment. To complete the purchase of the Product, you must pay the total amount that appears in the order summary.  If your credit or debit card or account is declined or a risk of fraud is detected in the transaction, then your order will not be processed and we will not assume the obligation to fulfill and dispatch your order.
    3. Taxes and Customs Duties. Depending on your country or region of residence, the purchase price of the Product may include import duties, value-added tax (VAT), customs fees and other related charges.  In this sense, the purchase price contemplates all tariffs, taxes and charges set by the competent authorities on the day the transaction is completed.  If, after the purchase date, the applicable administrative charges, taxes or customs fees are increased, then you, and not Sense Up, will be required, upon presentation of the documentation that evidences such increase(s), to pay the existing difference.  If the importation, nationalization, or entry of the Product to the country of your Delivery Address (as defined herein) is prohibited due to limitations attributable to you, then you will be notified of the existing impossibility, and you must correct it within a period of five (5) days.  Your failure to make such a correction will result in your purchase being canceled and Sense Up will not be liable for or obligated to issue you a refund of the purchase price paid for the Product.

    4. Delivery Address and Further Data.

      1. The location you identify and specify for shipping purposes at the time of your purchase of the Product must be a physical street address within a jurisdiction to which delivery of the Product by or on behalf of Sense Up is lawfully permitted (the “Delivery Address”).
      2. You must provide, and are ultimately responsible for providing, accurate information regarding your Delivery Address including, without limitation, your first and last name, applicable identification document(s) and complete shipping address (including zip code). It is your obligation that any number that identifies your Delivery Address remains unchanged until the Product is delivered.  If your Delivery Address changes after your order has been processed and the Product has been dispatched to you, then you shall submit a ticket to our customer experience team at: hello@jointheplanet.us.  You will be responsible for, and Sense Up expressly disclaims all liability for, any failure of delivery or delays and/or extra costs incurred with respect to the delivery of the Product originated from any inaccuracy of the information you provide including, without limitation, your Delivery Address.

    5. Shipping and Delivery

      1. The Product will be sent to the Delivery Address provided by you during your purchase of the Product. Subject to Section 9 and this Section 11, the delivery time, if there are no setbacks attributable to you or governmental authorities, is estimated to be 120 consecutive days since the purchase date.  This period may be extended in the event of one or more force majeure events; which shall not trigger any liability on the part of Sense Up or any of our affiliates, licensors or third party service providers. By purchasing the Product, you hereby acknowledge that your package may be delayed during shipment for these or any other reason and Sense Up shall not be liable for any failure to deliver or delay in delivery caused by circumstances outside of Sense Up’s control.  Sense Up will use its best efforts to deliver (or cause to be delivered) the Product to your Delivery Address on the estimated time provided to you; provided, however, shipping times may vary depending on destination and customs.  If you have any questions regarding your estimated delivery date, then please contact our customer experience team at: hello@jointheplanet.us.
      2. The Product must be received by you and/or any person authorized by you for this purpose. In any case, the logistics courier will require the presentation of an identification document and signature of the person who receives the Product at the Delivery Address.  If a person other than you accepts the Product you purchased, then neither Sense Up nor the logistics courier will have an obligation to you to confirm the authority of such person and such person’s signature and presentation of an identification document will be considered evidence of such person’s authority to receive the Product.
      3. If no one is physically present at the Delivery Address to receive the Product, then you will be informed of a new delivery date within 48 hours of the initial attempt at delivery. If this second attempt at delivery fails, then you will be contacted to coordinate the personal pick-up of the Product or provided an address for personal pick-up of the Product which must be completed within five (5) business days of the second attempted delivery.  If you do not pick up the Product within such five (5) business day period, then the Product will be resold, donated, destroyed or used as promotional material and neither Sense Up nor any of our affiliates, licensors or third party service providers will have any liability to you, and you shall not have any right to bring a claim against us or them or to a refund of payment for the Product, based on such resale, donation, destruction or use.
      4. Notwithstanding anything to the contrary set forth in Section 11(e)(iii), for certain applicable jurisdictions, the Product will be delivered at the entrance of the Delivery Address without the requirement of physical presence or signature upon delivery. If your Delivery Address is located in such a jurisdiction, then, by purchasing the Product, you expressly waive any right to personal delivery described in Section 11(e)(iii).
      5. Any Delivery Address located outside of the delivery area set within the purchase process will be refused during the ordering process, canceled and, if applicable, refunded or might be subject to additional delivery costs for which you will be solely responsible to pay.

    6. Tracking Policy. After your order is ready for dispatch, you will receive an email with an estimated date of delivery.  For the avoidance of doubt, such date will only be an estimate and by no means shall be considered a fixed and binding date for delivery.  You will have the voluntary option to track the shipment of the Product to your Delivery Address through the official platform of the applicable logistics courier and may contact our customer experience team to inquire about the status of your shipment.  We make no representations or warranties regarding the accuracy or completeness of the information provided by such logistics courier.

    7. Collection and Acknowledgement. It is of mandatory and essential nature for you (or your authorized recipient) to open the package containing the Product in front of the logistics courier at the moment it arrives at the Delivery Address and to verify the status of the Product before signing the delivery note, acknowledgement of receipt or delivery or similar acknowledgment, as the case may be.  If the Product is damaged, then you (or your authorized recipient) must reject the delivery thereof.  The signature on the delivery note or acknowledgement, as the case may be, constitutes reliable and indubitable proof that the Product was received in perfect condition.  If you (or no one on your behalf) is present at the Delivery Address to receive the Product and you personally pick up the Product in accordance with Section 11(e)(iii), then, if at that time you discover the Product is damaged, you shall (i) immediately take a photograph of such damaged Product, (ii) make a claim through our customer experience team at hello@jointheplanet.us within forty-eight (48) hours of when you personally pick up the Product in accordance with Section 11(e)(iii), and (iii) not use the mobile application to scan the Product’s QR Code.  If you fail to comply with all of the requirements set forth in clauses (i) – (iii) of the immediately preceding sentence, then you shall be deemed to have waived any and all right you may have to seek from us a replacement Product.

    8. Product Order Cancellations. By purchasing the Product, you shall be deemed to have accepted and agreed to be bound by these Terms of Service.  You have fourteen (14) calendar days (or such period as required by applicable laws) after the date on which you complete your purchase of and make payment for the Product to cancel your order (the “Cancellation Period”). If you cancel your order before the expiration of the applicable Cancellation Period, then you will be entitled to receive a refund in an amount equal to (i) one hundred percent (100%) of the purchase price you paid for the Product less (ii) a fifteen dollar (USD $15.00) administrative cancellation fee (the “Cancellation Fee”) which shall be retained by the Company. This period cannot be extended.  After such fourteen (14) calendar day period (or such period as required by applicable laws), you will lose any and all rights to cancel your order and receive a refund of the purchase price (less the applicable Cancellation Fee). Cancellation period is limited to 24 hours after purchase for "2-day shipping in the USA" (Express Shipping) option.

  12. Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THE SITE, IN THE CONTENT OR THE PLATFORM OR THE MATERIALS OR INFORMATION OR THE PRODUCT OR OTHER PRODUCTS OR SERVICES CONTAINED OR MADE AVAILABLE FOR SALE ON OR IN SUCH SITE, CONTENT OR PLATFORM, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, OR GOODWILL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER EQUITABLE OR LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF OR ACCESS TO THE SITE, THE CONTENT, THE PLATFORM OR THE MATERIALS OR INFORMATION OR ACQUISITION OF THE PRODUCT OR OTHER PRODUCTS OR SERVICES FROM THE SITE, THE CONTENT OR THE PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.  EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS (OTHER THAN A CLAIM THAT WE FAILED TO DELIVER TO YOU A PRODUCT YOU ACQUIRED FROM US, WHICH SHALL BE BROUGHT WITHIN TWO (2) MONTHS OF THE APPLICABLE ESTIMATED DELIVERY DATE DESCRIBED IN SECTION 11(e)(i)) SHALL BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM ARISES.  OUR LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF (A) THE SITE, THE CONTENT OR THE PLATFORM OR THE MATERIALS OR INFORMATION MADE AVAILABLE THEREON, SHALL BE LIMITED TO THE PRICE PAID BY YOU TO THE COMPANY TO ACCESS OR USE THE SITE, THE CONTENT OR THE PLATFORM OR THE MATERIALS OR INFORMATION MADE AVAILABLE THEREON DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM; AND (B) YOUR PURCHASE OF THE PRODUCT OR OUR OTHER PRODUCTS OR SERVICES SHALL, SUBJECT TO SECTION 11, BE LIMITED TO THE PRICE PAID BY YOU TO THE COMPANY TO ACQUIRE SUCH PRODUCT OR SERVICE.

  13. Accessibility and Feedback: We are committed to making the Site reasonably accessible and usable by all people, including those with disabilities and special needs. If you have difficulty using or accessing any element of the Site, the Content or the Platform or if you have any feedback regarding accessibility of the Site, the Content, the Platform or otherwise, please feel free to contact our customer experience team.  By providing us with such feedback, you shall be deemed to have assigned all rights, title and interest you may have in and to such feedback.  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.

  14. California Users and Residents: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

  15. Miscellaneous Provisions:

    1. Venue/Jurisdiction. The Site and the Platform are owned and operated by Sense Up from within the United States of America and are not meant to subject Sense Up to the laws of any jurisdiction of any country other than the United States of America.  You understand we reserve the right to limit, in whole or in part, access to or use of the Site, the Content and the Platform or ability to acquire the Product, as the case may be, to any person in any jurisdiction, subject to applicable laws.  These Terms of Service and all other agreements referenced herein or elsewhere on the Platform including, but not limited to, the Privacy Policy, are subject to the laws of the state of Florida without regard to its conflicts of laws principles.  By using or accessing the Site, the Content or the Platform, or acquiring the Product, as the case may be, you consent to the exclusive jurisdiction of the federal and state courts located in Miami-Dade County, Florida, in connection with any action or proceeding brought to enforce our rights relating to our intellectual property and/or Content or a judgment awarded pursuant to Section 15(b) below, and waive any objection to the bringing of any such action or proceeding in such court based upon lack of personal or subject jurisdiction or improper venue.  All other actions or proceedings related to the Site, the Content, these Terms of Service, the Privacy Policy, the Platform and/or the purchase and sale of the Product shall be resolved exclusively in accordance with the terms of Section 15(b)
    2. Arbitration. Before bringing a formal legal case, please first try contacting our customer experience team as we believe most disputes can be resolved that way.  Except as otherwise set forth herein, any dispute arising out of or relating to the Site, the Content, your use of or access to the Platform, these Terms of Service, our Privacy Policy or the breach hereof or thereof and/or the purchase and sale of the Product shall be finally resolved by private, confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction.  The arbitration shall be conducted in the English language in Miami-Dade County, Florida.  There shall be a single arbitrator.  The arbitrator shall decide the dispute in accordance with the substantive law of the state of Florida.  The parties will share equally the cost of the arbitration, but will separately pay their respective attorneys and other costs of the arbitration.  The parties hereby undertake to voluntarily comply with the arbitral award issued, as soon as it becomes final.
    3. Waiver of Jury Trial. THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OF SERVICE OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF.  THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THESE TERMS OF SERVICE AND THE PARTIES WOULD NOT AGREE TO THESE TERMS OF SERVICE IF THIS SECTION WERE NOT PART OF THESE TERMS OF SERVICE.
    4. Amendment. We may, in our sole discretion, modify these Terms of Service, the Content, the Platform, or the Privacy Policy or any other agreement referred to herein. 
    5. Termination. Except as otherwise prohibited by applicable law, we may, in our sole discretion, terminate or suspend your use of or access to the Site, the Content, the Platform or your Account or your ability to acquire the Product for any reason.
    6. Indemnification. Except as otherwise prohibited by applicable law, you agree to indemnify and hold harmless Sense Up, its parents, subsidiaries, officers, employees, contractors and each of their respective officers, employees and agents from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms of Service or the Privacy Policy, or any violations hereof or thereof by your employees or agents, or which arises from your (or your employees’ or agents’) use of or access to the Site, the Platform, or any Content contained herein or therein.
    7. Entire Agreement. These Terms of Service, the Privacy Policy and the other agreements referred to herein constitute the entire agreement between you and Sense Up and will govern your use of the Site, the Platform and the Content contained therein and your acquisition of the Product, as the case may be, and shall supersede any prior agreements between you and Sense Up relating thereto.
    8. Severability. If any provision of these Terms of Service, the Privacy Policy or other agreements referenced herein are held to be invalid by any applicable law, rule, order or regulation of any government or by the final non-appealable determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Service, the Privacy Policy or the applicable agreement.
    9. Waiver. The failure of Sense Up to exercise or enforce any right or provision of these Terms of Service, the Privacy Policy or other agreement referenced herein or therein shall not constitute a waiver of such right or provision. 
    10. Section Headings. The section headings set forth in these Terms of Service are for convenience only and have no legal or contractual effect.
    11. Contacting Us. If you have any questions about these Terms of Service, the Site or the Content contained herein you may contact our customer experience team by email: hello@jointheplanet.us
      We do not guarantee that we will receive all such communications and shall not, subject to applicable laws, be required to read, act or respond to any such email or other form of contact.  Please note, your email communications to us may not be secure and shall not be treated as confidential.