SuperSenses Terms & Conditions

Effective Date: October 17, 2025

1) Introduction

Who we are. These Terms & Conditions (“Terms”) govern your access to and use of the SuperSenses products and services, including our at-home sensory test kits, mobile applications, websites, and related software, features, and content (collectively, the “Services”). SuperSenses is SuperSenses Inc., a corporation organized under the laws of California, USA (“SuperSenses,” “we,” “us,” “our”).

Acceptance. By accessing or using the Services (including purchasing a product), you agree to these Terms. If you are using the Services on behalf of an entity, you represent you are authorized to bind that entity; “you” includes that entity.

Changes. We may update these Terms at any time. If we make material changes, we will provide notice (e.g., by posting or email) at least 30 days before they take effect. Your continued use after changes become effective constitutes acceptance.

Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By using the Services, you affirm that you meet this requirement.

Other agreements. Our Privacy Policy is incorporated by reference. If a separate written agreement or data processing agreement (DPA/BAA) applies, it controls to the extent of any conflict.

2) Key Definitions

  • Services: Our kits, apps, sites, software, content, and related offerings, including all features, functionalities, user interfaces, and associated materials.
  • User Content: Content you upload, submit, or otherwise make available via the Services.
  • Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof.

3) Accounts & Acceptable Use

Accounts. Some features require an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use.

Acceptable use. You will use the Services only for purposes permitted by these Terms and applicable laws. You will not: (i) misuse, disrupt, or overload the Services; (ii) probe, scan, or test vulnerabilities; (iii) bypass security or access controls; (iv) use the Services for unlawful, harmful, or infringing purposes; (v) scrape, harvest, or extract data (including personal or contact information); (vi) upload malicious code; (vii) impersonate any person or entity; (viii) upload content that is unlawful, harmful, threatening, abusive, defamatory, obscene, invasive of privacy, or hateful; (ix) interfere with others' use of the Services.

Updates & beta. We may provide updates, new features, or beta/preview features. Betas are provided “as is,” may change or end at any time, and may be subject to additional terms.

Feedback. If you send ideas or feedback, you grant us a perpetual, worldwide, irrevocable, sublicensable, royalty-free license to use them without restriction or compensation. We do not waive rights to similar ideas from other sources.

Suspension/termination. We may suspend or terminate access if you breach these Terms, create risk, or as needed for maintenance, security, or legal reasons. Upon termination, your right to use the Services ceases immediately. We may withhold, remove, or discard your User Content with no liability (back up your data beforehand). You remain responsible for any outstanding fees. Certain provisions survive termination (see §15).

4) Purchases, Shipping, and Returns

Orders. We may accept or reject orders at our discretion. Product details, availability, and pricing may change without notice. Taxes, duties, and shipping charges are your responsibility unless we state otherwise. We reserve the right to modify, suspend, or discontinue any part of the Services or change prices at any time, with advance notice for material adverse changes to paid offerings where required.

Delivery & risk. Title and risk of loss pass upon our delivery to the carrier. International shipments may be subject to import duties and restrictions.

Not for resale. Purchases are for personal or internal business use and not for resale without our prior written consent.

Returns & UK cooling-off period.

  • U.S. customers: Returns are processed in accordance with our posted return policy.
  • UK/EU consumers: You have a legal right to cancel most online purchases within 14 days of receiving the goods, without giving any reason. You must inform us of your decision to cancel before the cooling-off period expires. If you start using a digital service immediately, you may waive this right.

5) Health & Safety Disclaimers

No medical advice or diagnosis. The Services are provided for general wellness and educational purposes and are not intended to diagnose, treat, cure, or prevent any disease or health condition. The Services, including sensory test results, are not a substitute for professional medical advice. Always seek the advice of a qualified healthcare provider for medical questions or conditions.

Not for emergencies. Do not rely on the Services for emergency or critical care. Call your local emergency number in an emergency.

Regulatory status. Unless expressly stated, the Services are not medical devices and are not intended for clinical decision-making.

User responsibility. Your use of the Services is at your sole risk.

6) Intellectual Property & Content

Our IP. The Services (including text, graphics, software, interfaces, designs, and the “look and feel”) are owned by SuperSenses or its licensors and are protected by IP laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business use as permitted by these Terms.

Restrictions. Except as allowed by law or as expressly permitted by us in writing, you may not copy, modify, reverse engineer, decompile, disassemble, translate, or create derivative works of the Services; nor may you remove proprietary notices, circumvent security, or access the Services to build a competing product. No resale or commercial use without consent.

Trademarks. “SuperSenses,” our logos, and related marks are trademarks of SuperSenses. You may not use our marks without prior written permission.

User Content license. You retain ownership of your User Content but grant SuperSenses a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, use, reproduce, adapt, publish, translate, distribute, display, and perform your User Content solely to operate, provide, protect, improve, and market the Services. You represent that your User Content is accurate, compliant with laws, and does not infringe third-party rights.

DMCA. If you believe content on the Services infringes your copyright, send a notice to our DMCA Agent: DMCA Agent – Legal, SuperSenses Inc., 1315 NW Davenport Ave, Bend, OR 97703, USA; legal@super-senses.com.

7) Data & Privacy; Analytics & De-identified Data

Privacy. Our Privacy Policy explains how we collect, use, and share information. By using the Services, you consent to our data practices described there.

Kit-driven results. Sensory test results are collected only when a registered kit (or authorized digital equivalent) is activated and used.

No sale/share of PI. We do not “sell” or “share” personal information as defined by the CCPA/CPRA. We honor Global Privacy Control where required. See our Privacy Policy for details and your rights.

De-identified/aggregated data & analytics. We may create, use, improve, commercialize, license, and sell de-identified and/or aggregated datasets and derived analytics for research, product development, and other lawful commercial purposes, including to third parties such as research institutions. We prohibit recipients from attempting to re-identify such data and require safeguards and flow-down restrictions. Successors may continue such use per these Terms and Privacy Policy.

Segregation & minimization. Where feasible, we store identifiers separately from test results and minimize retained personal data; long-term research use focuses on de-identified/aggregated data.

HIPAA status. We are not generally a HIPAA covered entity. For certain customers, we may act as a business associate under a Business Associate Agreement.

8) Third-Party Services; App Stores; Open Source

Links & third parties. Third-party sites, services, or content are not under our control. We are not responsible for their availability, accuracy, or practices. Use them at your own risk. We have no liability for third-party information, software, materials, or services.

App stores. If you access the app via Apple App Store or Google Play, the respective store’s terms apply. Apple and Google are not responsible for maintenance or support of our app and have no warranty or liability obligations regarding the app.

Open source. Some components may be provided under open-source licenses. If there is a conflict between these Terms and an open-source license for a component, the open-source license controls for that component.

9) Warranty Disclaimers

THE SERVICES (INCLUDING KITS, APPS, SITES, SOFTWARE, CONTENT, AND BETA FEATURES) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

UK consumer rights. Nothing in these Terms affects your statutory rights as a consumer under UK law.

10) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERSENSES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION; OR SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.

OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO SUPERSENSES FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR USD $100, WHICHEVER IS GREATER.

11) Indemnification

You will defend, indemnify, and hold harmless SuperSenses and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use or misuse of the Services; (ii) your violation of these Terms or applicable law; (iii) your User Content; (iv) your infringement of third-party rights; or (v) any unauthorized access or data misuse under your account.

12) International Users; Export Controls

International access. UK/EU consumers may bring claims in the courts of their country of residence and under applicable local law. Nothing in these Terms limits rights that cannot be waived under local law. The Services may not be available in all jurisdictions; access from prohibited territories is at your risk.

Export compliance. You represent you are not located in, under control of, or a national/resident of any country or entity subject to U.S., UK, or EU sanctions. You agree to comply with all applicable export laws.

13) Modifications to Services & Pricing

We may modify, suspend, or discontinue any part of the Services, and change prices, at any time. For paid offerings, material adverse changes will be communicated in advance where legally required. You may need to install updates to continue using the app.

14) Dispute Resolution; Governing Law; No Class Actions

These Terms are governed by the laws of California, USA, without regard to conflict of laws principles.

U.S. consumers and business users: Disputes will be resolved by binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules, in Bend, Oregon, unless you opt out within 30 days by emailing legal@super-senses.com.

UK/EU consumers: You may bring legal proceedings in your local courts under your local law. Mandatory arbitration and class action waivers do not apply to you if prohibited by local law.

No class actions (where permitted). You and SuperSenses agree that each may bring claims only in your or its individual capacity.

Informal resolution. Before formal proceedings, parties will attempt good-faith negotiations for 30 days.

Exceptions. Small claims court or agency enforcement actions are permitted.

Waiver of jury trial. Where applicable, you waive any right to a jury trial.

15) Miscellaneous

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed.

Force majeure. We are not liable for delays or failures due to events beyond our reasonable control (e.g., acts of God, war, pandemics, strikes).

Assignment. You may not assign these Terms without our written consent; we may assign them in connection with merger, acquisition, or sale of assets.

Entire agreement. These Terms are the complete agreement regarding the Services and supersede prior agreements.

Survival. Sections 5–7 and 9–15 survive termination.

Waiver. No waiver of any term is a further or continuing waiver.

16) Contact

Mail: SuperSenses Inc., 1315 NW Davenport Ave, Bend, OR 97703, USA Email (general): hello@super-senses.com Email (legal/disputes): legal@super-senses.com Phone: +1 (541) 200.6467