Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner

Sense Chat User License and Terms of Service Agreement

Version 1.0

Effective As Of: September 20, 2020

Sensay, Inc. (“MakeSense Labs”, “Sense”, “Sense Chat”, “our”, “we” or “us”) provides chat, and other services to users around the world. Please read this Sense Chat User License and Terms of Service Agreement (this “Agreement”) in its entirety. You are indicating that you have read, understand and agree to be bound by all of the terms of this Agreement, and any other Sense document it specifically references (including, without limitation, Sense’s Privacy Policy, Community and Content Policy, Intellectual Property Policy, and Cookie Policy, all of which are incorporated into this Agreement by this reference), once you install, access, register or create an account for, or use, any of Sense’s apps, services, features, software, or websites (collectively, the “Services”). All of the Services are proprietary, confidential, and are licensed to users like you under this Agreement, not sold to you or to other users.

We will also sometimes direct you to affirmatively indicate your agreement to be bound, or to continued to be bound, by the terms of this Agreement by, for example, checking an appropriately labelled check-box. Also, note that this Agreement sometimes refers to “user”, “users”, and the possessive forms of these terms to refer to any party or parties making use of Sense’s Services. For the purposes of this Agreement you are a user or one of the users.

IF YOU ARE A USER LOCATED IN THE UNITED STATES OR CANADA, PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, SENSE AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION FURTHER BELOW IN THIS AGREEMENT TO LEARN MORE.

ALSO, YOU MAY HAVE HEARD OF THE “CALIFORNIA CONSUMER PRIVACY ACT OF 2018” (THE “CCPA”). IN ORDER TO PROVIDE THE MOST BENEFIT TO OUR USERS GENERALLY, INCLUDING BUT NOT LIMITED TO THOSE WHO ARE CALIFORNIA RESIDENTS, SENSE HAS SELECTIVELY INCORPORATED ELEMENTS OF THE CCPA’S COMPLIANCE REQUIREMENTS DIRECTLY INTO ITS PRIVACY POLICY VIA IT’S “CCPA NOTICE”, ALSO FURTHER BELOW IN THIS AGREEMENT. PLEASE TAKE A LOOK AT IT.

1.           The Services.

a.  Registration. Currently users register for our Services by providing their mobile number for account verification and security purposes. In the future, users may be required to create: (i) an arbitrary username; and (ii) password (collectively, “Credentials”). These Credentials need not have any relationship to the users’ real names. In addition to receiving these items, at some point in the future, probably in connection with Sense validating accounts and preventing spamming or other abuse of our Services, we may also require users to submit their email addresses before using or continuing to use the Services. You agree to receive text messages, emails and/or phone calls (from us or our service providers) with codes to (re)register for the Services if or when this occurs, and/or you agree to opt-out and cease using the Services at such time.

b.  Age. You must be at least 13 years old to use the Services (or such greater age required in your country or locale for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to this Agreement in your country or locale, your parent or guardian must agree to this Agreement on your behalf.

c.   Devices and Software. You must provide certain devices, software, and data connections to use the Services, which we otherwise do not supply. For as long as you use the Services, you consent to downloading and installing updates to the Services, including automatically.

d.  App Permissions. When you use Apps created by Sense, such as Sense’s iPhone/iPad and Android Apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

e.  Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of the Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for the Services, except as required by law.

2.           Privacy Policy and User Data. User privacy is a big deal to us and privacy policies can get pretty long, so Sense created a separate Privacy Policy section to this Agreement. However, please keep in mind that Sense’s Privacy Policy is part of this Agreement and that you are agreeing to its terms, and our described use of your and other users’ data by creating an account with Sense and/or by using any of the Services.

3.           Acceptable Use of the Services. In order to provide an enjoyable and secure experience for you and other users, you agree to use the Services according to the terms of this Agreement and all other published Sense policies and documents, including without limitation Sense’s Community and Content Policy and Intellectual Property Policy. If you violate any of these terms, we may disable your Sense account. If we do disable your account on this basis, you agree to not create another account without our written permission.

a.  Legal Use of Services. You must access and use the Services only for legal, authorized, and acceptable purposes.

b.  Service Interference. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit the Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, the Services, our systems, our users, or others, including that you must not directly or through automated means: (i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the Services; (ii) send, store, or transmit viruses or other harmful computer code through or onto the Services; (iii) gain or attempt to gain unauthorized access to the Services or systems; (iv) interfere with or disrupt the integrity or performance of the Services; (v) create accounts for the Services through unauthorized or automated means; (vi) collect the information of or about our users in any impermissible or unauthorized manner; (vi) sell, resell, rent, or charge for our Services; or (vii) distribute or make the Services available over a network where they could be used by multiple devices at the same time.

4.           Third-Party Services. The Services may, now or the future, allow you to access, use, or interact with third-party websites, apps, content, and other products and services. These may be integrated with the Services or interact with the Services in some manner. Please note that when you use third-party services, their own terms and privacy policies (and not Sense’s) will govern your use of those services.

5.           Licenses.

a.  Information You Provide. Sense does not claim ownership of the information that you submit for your Sense account or through the Services. However, you must have the necessary rights to such information such that you can grant the rights and licenses to such information to Sense, and to other parties, as described in this Agreement.

b.  Sense’s Intellectual Property. Sense owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the Services. You may not use Sense’s copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission, and except in accordance with any brand guidelines document we publish in the future.

c.   Your License to the Services. In order to operate and provide the Services, you grant Sense a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through the Services. The rights you grant in this license are for the limited purpose of operating and providing the Services (such as to allow us to display your profile picture, if you provided it, and status message, transmit your chats, store your undelivered chats on our servers for a period of time as we try to deliver them, and otherwise as described in our Privacy Policy).

d.  Sense’s License to You. Sense grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Services, subject to and in accordance with this Agreement. This license is for the sole purpose of enabling you to use the Services, in the manner permitted by this Agreement. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

6.           Communications and Feedback.

a.  Electronic Communications. When you use the Services, or send e-mails, text messages, chat, and other communications from your desktop or mobile device to Sense, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, chats, or mobile and web push notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

b.  Submissions and Feedback. Sense is fortunate to have a vibrant and active user community which shares our passion for innovation, and our drive to constantly improve the Services. While our employees continually strive to develop and evaluate our own ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from our users. By submitting any ideas, feedback and/or proposals to Sense regarding the Services ("Feedback"), you expressly acknowledge and agree that: (i) Sense is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (ii) Sense may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant Sense a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release Sense from any and all liability and claims that may result from or are related to the rights to the Feedback.

7.           Reporting Third-Party Intellectual Property Violations. To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may terminate your account if you infringe the intellectual property rights of others.

8.           Disclaimer of Warranties and General Release.

YOU USE THE SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. SENSE IS PROVIDING THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. SENSE DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT THE SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT THE SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR CONTROLLING, HOW OR WHEN OUR USERS USE THE SERVICES OR THE FEATURES, SERVICES, AND INTERFACES THE SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (COLLECTIVELY, THE “SENSE PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (COLLECTIVELY, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

9.           Limitation of Liability.

THE SENSE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, US, OR THE SERVICES, EVEN IF THE SENSE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SENSE’S AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, US, OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (I) ONE HUNDRED DOLLARS ($100); OR (II) THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN SUCH CASES THE LIABILITY OF THE SENSE PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10.        Indemnification. You agree to defend, indemnify, and hold harmless the Sense Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (i) your access to or use of the Services, including information provided by you in connection therewith; (ii) your breach or alleged breach of this Agreement; or (iii) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

11.        Dispute Resolution.

a.  Forum and Venue. If you are a Sense user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. As with the rest of this Agreement, please read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you and Sense will resolve any Claim relating to, arising out of, or in any way in connection with this Agreement, us, or the Services (each, a “Dispute,” and together, “Disputes”) exclusively in the courts located within Los Angeles County, California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.

b.  Governing Law. The laws of the State of California govern this Agreement, as well as any Disputes, whether in court or arbitration, which might arise between Sense and you, without regard to conflict of law provisions.

12.  Services Availability and Termination.

a.  Services Availability. The Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect the Services, such as events in nature and other force majeure events.

b.  Services Termination. Sense may modify, suspend, or terminate your access to or use of the Services anytime for any reason, such as if you violate the letter or spirit of this Agreement or create harm, risk, or possible legal exposure for us, our users, or others.

13.  Additional Important Terms.

a.  Entire Agreement. This Agreement (as a reminder for here and elsewhere, this “Agreement” includes any other Sense document this Agreement specifically references) makes up the entire agreement between you and us regarding Sense and the Services, and also supersedes any prior agreements. In the future Sense may ask you to agree to updated or additional Agreement terms, or agree to the removal of Agreement terms. Furthermore, any amendment to or waiver of this Agreement’s terms requires our express written consent, and any failure on our part to enforce any of this Agreement’s terms shall not be considered a waiver. In an event of a conflict between the terms of the most recent version of this Agreement and the terms of any prior version of this Agreement, the terms of the most recent version of this Agreement shall govern. Sense will endeavor to provide you with advance notice of anticipated changes to this Agreement, and shall provide a “Last Modified” date at the top of this Agreement. Your continued use of the Services following any changes to this Agreement shall indicate and confirm your acceptance of and agreement with such changes. If you do not agree to such changes, you must stop using the Services. Please review this Agreement from time to time to stay current as to its content.

b.  Local Law Compliance. The Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit the Services in any country.

c.   Export Law Compliance. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer the Services: (i) to any individual, entity, or country prohibited by Export Laws; (ii) to anyone on U.S. or non-U.S. government restricted parties lists; or (iii) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, missile technology, or zombie  attack applications, without the required government authorizations. You will not use or download the Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying, fake moustaches, or other methods.

d.  Agreement Language. This Agreement is written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of this Agreement conflicts with the English version, the English version controls.

e.  Assignment and Third-Party Beneficiaries. All of our rights and obligations under this Agreement are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You may not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. Except as contemplated herein, this Agreement does not give rights to any third-party beneficiaries.

f.   Severability. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” section below.

g.  Reservation of Rights. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and this Agreement is not intended to limit such consumer legal rights that may not be waived by contract.

14.  Special Arbitration Provision for United States or Canada Users.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A SENSE USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

a.  “Excluded Dispute”. “Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

b.  Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between Sense and you is subject to arbitration.

c.   Agreement to Arbitrate With AAA. For Sense users located in the United States or Canada, Sense and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Sense and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Sense and you agree not to combine a Dispute that is subject to arbitration under this Agreement with a Dispute that is not eligible for arbitration under this Agreement. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration will be Los Angeles, California, and the arbitrator shall apply California state law (without giving effect to the principles of conflict of laws) and the allocation of arbitrator fees and costs shall be determined in accordance with the AAA Rules, or split evenly between us if the AAA Rules are not determinative.

d.   Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted any version of this Agreement; and (ii) the date you became subject to this arbitration provision. You must use the address directly below to opt-out and you must include: (i) your name and residence address; (ii) the mobile phone number and/or email address, as applicable, associated with your account; and (iii) a clear statement that you want to opt out of this Agreement’s arbitration provision.

Sensay, Inc.

Arbitration Opt-Out

301 Arizona Avenue, Suite 200

Santa Monica, CA 90401

United States of America


e.  Small Claims Court. As an alternative to arbitration, if permitted by the Los Angeles County “small claims” court’s rules, you may bring your Dispute in you’re a “small claims” court located in Los Angeles County, as long as the matter advances on an individual (non-class) basis.

f.   Time Limit to Start Arbitration. Sense and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.

g.  No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. Sense and you each agree that if you are a Sense who is either a resident of or located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. If this prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.

h.  Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, or if the Dispute is an Excluded Dispute, or if the arbitration provision of this Agreement is found to be unenforceable, you agree that this Agreement and the rights of the parties hereunder, and all disputes arising out of this Agreement, shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any such action brought by any party hereto shall be brought within the California state court located in Los Angeles County, California.

Sense Chat Privacy Policy

Version 1.0

Effective As Of: September 20, 2020

Note – Please see the Sense Chat User License and Terms of Service Agreement (the “Agreement”) for the definitions of capitalized terms which are not otherwise defined within this Sense Chat Privacy Policy. This Privacy Policy is a fully incorporated part of the Agreement.

Thanks for your interest in Sense. This Privacy Policy applies to all of our Services and to all our users (including you), no matter the platform. We take our users’ privacy seriously and view it as our responsibility to communicate our privacy-related positions, practices, policies and procedures simply and effectively.

CALIFORNIA RESIDENTS, SENSE’S USERS, AND THE CCPA. The California Consumer Privacy Act of 2018 (the “CCPA”) granted California “consumers” (meaning actual live humans and not businesses or other organizations) certain rights with respect to their privacy and data. Even the CCPA by its terms only applies to California consumers, we take ALL of our users’ privacy and data rights equally seriously. Therefore, in order to achieve equal and consistent treatment of our users to the greatest degree reasonably feasible, certain elements of the CCPA’s compliance requirements have been directly integrated into this Privacy Policy and made applicable to ALL users of the Services (see the “CCPA Notice”, below). That being said, it is our view that it would be impractical or onerous to make applicable to all of our users every last one of the CCPA’s provisions (the CCPA is a new law and does not even have supporting regulations issued yet – so we are figuring this out ourselves). Therefore, any CCPA procedure, right or remedy not explicitly and directly referenced or articulated by this Privacy Policy may in some cases be available to California residents by virtue of operation of the CCPA, but shall not be available or applicable to Sense’s other users generally. Once we gain more clarity regarding the CCPA we hope to fully extend its coverage to all of Sense’s users.

ABOUT THIS PRIVACY POLICY. As its name indicates, Sense Chat is fundamentally a chat platform, though we are rapidly increasing its capabilities. This Privacy Policy helps explain our information (including chat) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building the Services so delivered chats aren’t stored on our systems for more than is reasonably necessary and giving you control over who you communicate with on our Services.

SENSE’S EVOLVING SERVICES. Sense’s Services are rapidly evolving, improving and advancing. In the future this may result in us acquiring more user information than we have in the past, and also making greater use of that information, in order that we might deliver greater functionality. Therefore, this Privacy Policy in some cases addresses such activities prospectively (e.g., “we may…”) and thus potentially overstates our current acquisition and utilization of user data. We felt it was prudent to err on the side of overstating rather than understating this aspect. However, when this Privacy Policy addresses measures which are intended to be protective of user data, or which provide users more control over their data, those measures are already currently in place. In other words, we do not every promise more privacy than we can currently deliver.

LET’S MAKE ONE THING CLEAR – WE WILL NEVER SELL YOUR “PERSONAL IDENTIFYING INFORMATION” (DIFFERENT LAWS USE DIFFERENT TERMS FOR USER DATA, BUT THIS TERM SEEMS TO BE REASONABLE CLEAR). SO, THERE IS NO “DO NOT SELL MY INFORMATION” CHOICE BEING OFFERED SINCE WE WON’T DO IT EVEN IF YOU ALLOWED US TO. WE MAY IN THE FUTURE SELL SOME FORM OF AGGREGATED, DEIDENTIFIED, OR OTHERWISE SECURELY OBSCURED USER DATA. BUT, WE ARE NOT DOING THIS YET AND WE MAY NEVER DO IT. IF WE DO ENDING UP DOING THIS, PRIOR TO DOING SO WE WILL PROVIDE CLEAR NOTICE OF OUR INTENTION AND THEN WILL ALLOW USERS A PERIOD OF TIME WHEN THEY CAN EITHER OPT OUT OR STOP USING THE SERVICES (TO BE DETERMINED).

1.           Information We Collect. Sense must receive or collect some information in order to operate, provide, improve, understand, customize, support, and market the Services, including when you install, access, or use the Services. The types of information we receive and collect depend on how you use the Services.

a.  Information You Provide. When using the Services, you may provide a variety of information.

·             Your Account Information. Depending on which version of the Services you are using and when you register or registered your account, you may be prompted to provide your mobile phone number, your email address, your actual name, and/or an arbitrary (i.e., not necessarily related to your actual name) username, plus a password. In future versions of the Services you may provide us the phone numbers in your mobile address book on a regular basis, including those of both the users of the Services and your other contacts, so that the Services can offer you chat connections with other users and parties. You confirm you are authorized to provide us such numbers when and if you actually authorize such access. You may also add other information to your account, such as a profile name, profile picture, and status message.

·             Your Chats. We do not retain your chats in the ordinary course of providing the Services to you. Once your chats (including your photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. Your chats are stored on your own device. If a chat cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for a reasonable period of time not to exceed 30 days as we try to deliver it. If a chat is still undelivered after that reasonable period, we delete it. All chat communication via the Services is end-to-end encrypted. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them.

·             Your Connections. To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.

·             Customer Support. You may provide us with information related to your use of the Services, including copies of your chats, and how to contact you so we can provide you customer support. For example, you may send us a message with information relating to our App performance or other issues.

b.  Automatically Collected Information. When using the Services, or potentially during interim periods when you have paused your use of the Services, some information may be automatically collected.

·             Usage and Log Information. We may collect service-related, diagnostic, and performance information related to the Services. This includes information about your activity (such as how you use the Services, how you interact with others while using the Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.

·             Transactional Information. If you pay for the Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.

·             Device and Connection Information. We may collect device-specific information when you install, access, or use the Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We may collect device location information if you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.

·             Cookies. We use cookies to operate and provide the Services, including to provide the Services that are web-based, improve your experiences, understand how the Services are being used, and customize the Services. For example, we use cookies to provide Sense for web and desktop and other web-based chat and other services. We may also use cookies to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize the Services for you. Learn more about how we use cookies to provide you the Services by reading our Cookies Policy.

·             Status Information. We may collect information about your online and status message changes on the Services, such as whether you are online (your “online status”), when you last used the Services (your “last seen status”), and when you last updated your status message.

c.   Third-Party Information. Parties other than yourself (often referred to as “third parties” or the like) may provide us with information about you as a result of your using the Services.

·             Information Others Provide About You. We receive information other people provide us, which may include information about you. For example, when other users you know use the Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a chat, send chats to groups to which you belong, or call you.

·             Service Providers. We may work with service providers to help us operate, provide, improve, understand, customize, support, and market the Services. For example, we may work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use the Services, and market the Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

·             Third-Party Services. We allow may you to use the Services in connection with third-party services. If you use the Services with such third-party services, we may receive information about you from them. For example, if you use a “share button” to share content, or if you choose to access the Services through a mobile carrier’s or device provider’s promotion of the Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

2.           How We Use Information. We use all the information we have to help us operate, provide, improve, understand, customize, support, and market the Services.

a.  Our Services. We operate and provide the Services, including providing customer support, and improving, fixing, and customizing the Services. We seek to understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our Services.

b.  Safety and Security. We may verify accounts and activity, and promote safety and security on and off the Services, such as by investigating suspicious activity or violations of the Agreement and our policies, and to ensure the Services are being used legally.

c.   Communications About Our Services. We may communicate with you about the Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.

d.  No Third-Party Banner Ads. We do not allow third-party banner ads on the Services. We have no intention to introduce them, but if we ever do, we will update this policy.

e.  Commercial Messaging. We may allow you and third parties, like businesses, to communicate with each other using the Services, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive traffic information for an upcoming commute, a receipt for something you purchased, or a notification when a delivery will be made. Chats you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; and so, as with all of your messages, you can manage these communication settings, and we will honor the choices you make.

3.           Information You And We Share. You share your information as you use and communicate through the Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market the Services.

a.  Account Information. Any of your phone number, email address, profile name and photo, online status and status message, last seen status, and receipts (if they exist or the Services have been provided access to them by you or others) may be available to anyone who uses the Services, although, if and when this is the case, you can configure your Services settings to manage certain information available to other users.

b.  Your Contacts and Others. Users with whom you communicate may store or re-share your information (including your phone number or messages) with others on and off the Services. You can use your Services settings and the block feature in the Services to manage the users of the Services with whom you communicate and certain information you share.

c.   Service Providers. As previously mentioned, we work with service providers to help us operate, provide, improve, understand, customize, support, and market the Services. When we share information with such services providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.

d.  Third-Party Services. Also as previously mentioned, when you use third-party services that are integrated with the Services, they may receive information about what you share with them. For example, if you use a “share button” to share content, or if you choose to access the Services through a mobile carrier’s or device provider’s promotion of the Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

4.           Assignment, Change Of Control, And Transfer. All of our rights and obligations under this Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. Obviously, the transferee will still be bound by the terms of this Privacy Policy.

5.           Managing Your Information. If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:

a.  Services Settings. You can change your Services settings to manage certain information available to other users. You will be able to manage your contacts, groups, and broadcast lists, or use our block feature, to manage the users with whom you communicate once we have implemented the related underlying functionality.

b.  Changing Your Mobile Phone Number, Profile Name and Picture, and Status Message. If you have provided such to us, you must change your mobile phone number and/or email address using our in-app change number/email feature. This is also how you can transfer your account to a new mobile phone number/new email address. You can also change your profile name, profile picture, and status message at any time once we have implemented the related underlying functionality.

c.   Deleting Your Sense Account. Unless there is a valid reason why we determine that it is not reasonable to do so (the CCPA and similar laws provide some reasons, such as the need for us to comply with our legal obligations), you may delete your Sense account (including your data) using our in-app “Delete My Account” feature. When you delete your Sense account, your undelivered chats will be deleted from our servers as soon as practical, as well as any of your other information we no longer need to operate and provide the Services. Be mindful that if you only delete the Sense App from your device without using the in-app “Delete My Account” feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

6.           Law And Protection. We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (i) respond pursuant to applicable law or regulations, to legal process, or to government requests; (ii) enforce the Agreement and other applicable terms and policies, including for investigations of potential violations; (iii) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (iv) protect the rights, property, and safety of our users, Sense, or others.

7.           Our Global Operations. You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

8.           Privacy Policy Updates. Sense will be updating this Privacy Policy from time to time, especially as more official guidance regarding implementing the CCPA’s requirements becomes available. We will endeavor to provide you with notice of updates to this Privacy Policy, and update the “Effective As Of” date at the top of this Privacy Policy when an updated Privacy Policy is released. Your continued use of the Services confirms your acceptance any updated Privacy Policy. If you do not agree to the terms of the updated Privacy Policy, you must stop using the Services. Please review this Privacy Policy from time to time.

9.           CCPA NOTICE.

*** THIS CCPA NOTICE IS A PART OF SENSE’S GENERAL PRIVACY POLICY, WHICH IS ITSELF PART OF THE “AGREEMENT”, AS DEFINED ABOVE. IT SUPPLEMENTS BUT DOES NOT REPLACE IT AND THUS YOU SHOULD READ THE ENTIRE PRIVACY POLICY (AND AGREEMENT). THIS CCPA NOTICE FURTHER EXPLAINS HOW WE COLLECT, USE, AND SHARE YOUR “PERSONAL INFORMATION” (DEFINED BELOW), AND HOW TO EXERCISE YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (THE “CCPA”), OR ELEMENTS OF THOSE RIGHTS WE ARE EXTENDING TO YOU. IF YOU CLICKED A LINK OR MENU ITEM AND DIRECTLY ARRIVED AT THIS CCPA NOTICE, AND WOULD INSTEAD LIKE TO REVIEW SENSE’S ENTIRE PRIVACY POLICY FROM THE START, PLEASE CLICK HERE.

a.  Sense’s Pro-User Approach to the CCPA. The California Consumer Privacy Protection Act of 2018 (the “CCPA”) granted California consumers certain rights with respect to their privacy and data. However, this created a dilemma for Sense as we take ALL of our users’ privacy and data rights equally seriously. In order to achieve equal and consistent treatment of our users to the greatest degree reasonably feasible, certain generally applicable elements of the CCPA’s compliance requirements have been directly integrated into this Privacy Policy via this CCPA Notice and are thereby rendered applicable to ALL users of the Services. One caveat is that it is our view that it would be impractical or onerous to make each and every one of the CCPA’s provisions applicable to all of our users. Therefore, any CCPA procedure, right or remedy not explicitly and directly referenced or articulated by this CCPA Notice may in some cases be available to California residents by virtue of operation of the CCPA, but shall not be available or applicable to Sense’s other users generally.

b.  “Personal Information”. For purposes of this CCPA Notice, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated, de-identified or information that cannot be reasonably linked to you. To provide the Services, we must collect and/or process some different categories of information about you, including Personal Information.

c.   Information You Provide. We may collect and/or process certain information you provide, including some or all of the following:

·             Your Account Information. You may provide your mobile phone number and/or your email address to create a Sense account. You may also add other information to your account, such as a profile name, profile photos with faces in them if you choose to provide them, and status messages.

·             Your Messages. Your chats are stored on your own device. If a chat cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up a reasonable period of time as we try to deliver it. If a chat is still undelivered after 30 days, we delete it.

·             Your Connections. If these features are available, you can create, join, or get added to groups and broadcast lists.

·             Customer Support. You may provide us with information related to your use of the Services, including copies of your chats, and how to contact you so we can provide you customer support.

d.  Automatically Collected Information. We may collect and/or process certain information automatically, including some or all of the following:

·             Usage and Log Information. We may collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use the Services, how you interact with others using the Services), log files, and reports.

·             Device and Connection Information. We may collect device-specific information when you install, access, or use the Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information, and device identifiers. We may also collect device location information if we offer and you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and for diagnostics and troubleshooting purposes.

·             Status Information. We may collect information about your online and status message changes on the Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message

e.  Other Sources of Information. We may collect and/or process certain information from other sources, including some or all of the following:

·             Information Others Provide About You. We may receive information about you from other users of the Services, such as if they send you a chat or call you (if that functionality is available).

·             Service Providers. We sometimes work with service providers, such as when they use research to improve, understand, customize, and market the Services.

f.   How Sense Uses Your Personal Information. Sense uses the Personal Information we have to provide and support the Services as described in this (entire) Privacy Policy. We use all the information we have to help us operate, provide, improve, understand, customize, support, and market the Services, including providing customer support, investigating suspicious activity or violations of the Agreement and all our other terms and policies, communicating with you about the Services, and allowing third parties, like businesses, to communicate with you through the Services.

g.  When and How Sense May Share Your Personal Information. We do not sell your Personal Information, and never will. You share your information as you use and communicate through the Services, and we share your information for business purposes to help us operate, provide, improve, understand, customize, support, and market the Services. Some additional details follow.

·             Service Providers. Certain service providers help us operate, provide, improve, understand, customize, support, and market the Services. For example, we work with companies to distribute our App, provide our infrastructure, delivery, and other systems, supply maps and places information, help us understand how people use the Services, and market the Services. When we share some information with these service providers, we require them to use your information in accordance with our instructions and terms or with express permission from you.

·             Legal Process Requests. We may share your information with law enforcement or other third parties in connection with legal requests.

h.  How You Can Exercise Your CCPA Rights. Under the CCPA (or certain analogous rights granted to all our users via this CCPA Notice), you have the right to access the Personal Information we’ve collected about you during the past 12 months and information about our data practices. Also, you have the right to be free from any discrimination for exercising your rights to access or delete your Personal Information. We will not discriminate against you for exercising any of these rights. You also have the right to request that we delete the Personal Information that we have collected from you.

·             Deleting Your Sense Account and Data. Unless there is a valid reason why we determine that it is not reasonable to do so (the CCPA and similar laws provide some reasons, such as the need for us to comply with our legal obligations), you may delete your Sense account (including your data) using our in-app “Delete My Account” feature. When you delete your Sense account, your undelivered chats will be deleted from our servers as soon as practical, as well as any of your other information we no longer need to operate and provide the Services. Be mindful that if you only delete the Sense App from your device without using the in-app “Delete My Account” feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

·             Manual Access and Deletion Requests. To request manual access or deletion of your Personal Information, please contact us at CCPA-REQUEST@sensechat.com. Please note, for all manual requests, your email MUST include the following so we can verify your identity (and we may need to follow up with further questions and/or documentation before proceeding):

Your full name.

The email address associated with your Sense account, if any.

The phone number associated with your Sense account, if any.

Your phone model (for example, iPhone 10 or Samsung Galaxy S10).

The software version of your phone's operating system.

A statement as to whether you ARE or ARE NOT a California consumer pursuant to Cal. Civ. Code Sec. 1798.140(g).


If you would like to know the specific pieces of Personal Information that we have collected about you, or to delete your Personal Information, you will ALSO need to provide the following additional information to verify your identity:


A phone bill or similar proof of ownership of the number associated with your Sense account, if any.


Sense is legally obligated to verify your identity before deleting data, so please make sure to provide us with all of the above information.


·             Use of Authorized Agent. You can also designate an authorized agent to make a manual request on your behalf. If you decide to use an authorized agent, please also include written permission that you have designated that agent to make this request, or proof of the agent’s power of attorney. We may also follow-up with you to verify your identity before processing your authorized agent’s request.

10.        Contact Us. If you have questions about Sense’s Privacy Policy, including questions about the CCPA Notice, please email us privacy@sense.chat, or write us here:


Sensay, Inc.

Privacy

301 Arizona Avenue, Suite 200

Santa Monica, CA 90401

United States of America

NOTE that requests that Sense respond to a CCPA Request, as described in the above CCPA Notice, should be directed to CCPA-REQUEST@sensechat.com. And, please read the CCPA Notice regarding what information must accompany such a CCPA Request.



Sense Chat Community & Content Policy

Version 1.0

Effective As Of: September 20, 2020

Note – Please see the Sense Chat User License and Terms of Service Agreement (the “Agreement”) for the definitions of capitalized terms which are not otherwise defined within this Sense Chat Community and Content Policy. This Community & Content Policy is a fully incorporated part of the Agreement.

Thanks for your interest in Sense. We believe it paramount that all our users have a positive experience when engaged with the Services. The Agreement and our policies, including this Community and Content Policy, are integral in maintaining this positive experience. Please review and follow these policies when using the Services. When we are notified of a potential policy violation, we may review and take action, including removing content, or limiting or terminating a user's access to the Services or its features.

1.           Advertising/Offers for Sale. Commercial messaging is prohibited on the Services. Do not promote brands, businesses, products, or services. Do not offer or request items for sale.

2.           Spam. Do not use the Services or its features to spam others. The term "spam" includes, but is not limited to, sending or posting multiple messages within a short timeframe; sending repetitive or duplicative content within a short timeframe; posting unwanted promotional or commercial content; and posting false or misleading content.

3.           Phishing and Malicious Content. You may not post, link to, or distribute content that is intended to damage or disrupt another's computer or consumer electronic device, or to compromise another user's privacy or account security.

4.           Sweepstakes and Contests. Do not run or promote sweepstakes or other contests through the Services or its features.

5.           Impersonation. You may not use the Services or its features to impersonate others in a manner that does or is intended to confuse, mislead, or deceive other users of the Services.

6.           Sexually Explicit and Pornographic Materials. Do not post or distribute messages or other content that contains nudity, sexual acts, pornography or sexually explicit materials. Do not post links to pornographic sites or sites that contain pornography.

7.           Hate Speech. Do not post or distribute messages or other content that promotes hatred or violence toward groups of people based on their race, ethnicity, religion, disability, gender, age, marital status, veteran status, sexual orientation, or gender identity.

8.           Regulated Goods and Services. Do not use the Services or its features to promote regulated goods and services, including alcohol, gambling, pharmaceuticals, health/medical devices, tobacco, fireworks, or firearms/weapons, or other goods and services that are heavily regulated in the United States or in other countries in which Sense operates.

9.           False and Misleading Content. Do not post or distribute content on the Services or through its features that is intentionally false or is intended to mislead or deceive others.

10.        Intellectual Property Rights and Rights of Publicity. Sense respects the intellectual property rights (e.g., copyright, trademark, etc.) of others and we ask that you do the same. Please do not post or distribute content that violates the intellectual property rights or rights of publicity of others. Under the Digital Millennium Copyright Act, Sense is obligated to remove any allegedly infringing content should it receive a proper takedown notice from a third party. For more information, review our Intellectual Property Policy.

11.        Violence and Illegal Activities; Harassment and Bullying. Do not use the Services or its features to promote or engage in violence, the harming of others, self-harm, or other types of illegal activities. Do not harass or bully others. Harassment and bullying can have serious legal consequences in certain jurisdictions. Users who harass or bully other Pandora users will have their content removed and their accounts terminated.

12.        Private Information. Do not post or distribute your or other people's personal or confidential information, such as passwords, addresses, telephone numbers, or financial information without their consent.

13.        Objectionable Content and Policy Considerations. Sense may, in its discretion, remove content that it believes violates this policy or is otherwise objectionable even without receiving a complaint of a potential violation related to that content. As we apply this policy to potential violations, we may make exceptions based on various considerations, including artistic, educational, or public interest.

14.        Changes to Policy. We may make changes to this policy from time to time. In the event we do make changes, your continued use of the Services constitutes your acceptance of these changes.

15.        Reporting Violations. Please report any violations by using the "Report Inappropriate Content" feature via bug reporting by shaking your device or clicking the “?” in the sidebar. You can also email humans@makesense.com with a screenshot.