Terms of Service

P.E. Mykola Maksymenko (“Company” or “we”) welcomes you, our user (“User” or “you”). These Terms of Service (“Terms”) govern your use of the sensory-friendly social network (“weSense”), which is available on AppStore and Google Play.

These Terms and any operating rules and policies posted on weSense, including Privacy Notice constitute the entire legally binding agreement and understanding between us and our users, governing your access to and use of weSense (“Agreement”).

By using weSense you make these Terms valid and mutually binding for the parties, and you declare and warrant that:

• you have read and understand the Terms and hereby agree to be legally bound by and to comply with these Terms in full;
• you have full legal capacity, which means you have reached the legal age and are not restricted otherwise (otherwise, you can use weSense exclusively with the involvement of a parent or guardian);
• you are duly authorized to act on behalf of the legal entity you represent (if applicable);
• according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to access or use weSense;
• you comply with these Terms and all applicable laws and regulations.

Our Privacy Notice describes our collection and use of personal data connected with your access to and use of weSense.
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Please contact us if you have any questions or comments about the Agreement.

Account

• Account registration
• Problems with account
• Account deletion

Rules for users

• Prohibited activities
• Impact measures

Content and intellectual property

• weSense content
• User Content
• DMCA takedown

Termination

• Termination by company
• Termination by user

Our support team is happy to assist you. You can contact us via the email address indicated above.

You can also reach us via direct messages on weSense’s social media. However, it is not our primarycommunication channel, so we may not always be able to respond to such messages.

We respond to users as soon as possible. Please note that we may not respond to offensive emails or messages. We kindly ask you to be polite during your communication with us.

weSense is a map-based mobile application that allows users to share and discover sensory experiences, such as sights, sounds, smells, and more, to enhance community awareness and safety.

Users can enjoy the following key features:

• Map-Based Interface: Users start on a real-time map displaying sensory pins that represent different types of shared sensory experiences.
• Sensory Perceptions:
  · Quick Capture: Users can add a sensory perception by tapping the “Add” button, which opens the camera immediately.
  · Snap and Share: After snapping a photo, users can select a sensory type (e.g., Sight, Smell,Hear), decide how many     locations the post should appear on the map, and add a short description.
  · Publish Perceptions: The perception is then published on the map for others to see.
• Explore Perceptions:
  · View Details: Users can tap on sensory pins to view details, including the photo, sensory type, and description.
  · Discover Nearby Experiences: Navigate the map to find sensory inputs shared by others in their area.
• Sensory Types: weSense supports the following types of perceptions: Sight, Smell, Hear, Taste, Fill,Gift, and Negative Feeling.
• Community Engagement: Users can interact with posts by exploring and potentially providingfeedback or sharing posts with others (future planned feature).
• Location-Based Alerts: Provides location-specific information and updates to help users stay aware of their environment.
• User-Friendly Interface: Simple, intuitive design for quick navigation, capturing, and sharing sensory experiences.

Account registration

You have to create a personalized account (“Account”) to use weSense.

To create the Account in the weSense, you have to indicate the following:

• your name;
• email address;
• password.

You can log in to your Account via email. You must verify your entry by entering the PIN code received in your email.

Please provide accurate and complete information during registration and keep your account information up-to-date. The correctness and relevance of your information affect the quality of the services we provide.

Users are solely responsible for:

• maintaining the confidentiality and security of the login credentials;
• all actions taken through their Accounts.

Problems with account

You must not transfer or assign your Account to someone else.

Please immediately contact us if:

• you have lost access to your Account,
• you know or have any reason to suspect that someone has gained access to your Accountwithout your authorization,
• your credentials have been lost, stolen, misappropriated, or otherwise compromised.

If you have lost a password to your Account, you may reset it with the corresponding functionality of weSense.

Account deletion

You may delete your Account using the corresponding functionality in the Account’s settings. If you have an active subscription plan, cancel it before account deletion.

Please note that as a result, you will lose your active content creation campaigns and all account data, and restoration will not be possible.

Prohibited activities

You are prohibited from using the services we offer and sharing User Content to conduct the following prohibited activities and facilitate prohibited purposes which include but are not limited to:

• sharing of one Account with multiple Users;
• using any robot, spider, another automatic device, or manual process to monitor, copy, or“scrape” the Content or for any other unauthorized purpose without our prior written consent;
• avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by the Company to protect it;
• using weSense for illegal purposes;
• changing or delete any Company’s ownership notices from materials downloaded or printed from weSense;
• using the Content or any of its elements in any way not provided for in these Terms without the prior written permission of the Company or owners of the Content;
• initiation, facilitation, promotion, development, or participation in any other manner in any actions that are offensive by their nature, such as a promotion in any way racial or ethnic offenses, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty;
• support, promotion, sharing of the information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or physical violence or encourages conduct that would be considered a criminal offense or bring forth civilliability;
• promotion of the violent, repulsive, or hateful content, or content that contain, share, or promote misinformation, aggression, terrorism, spam, or misleading;
• promotion of the content that causes or can cause a destructive social impact, crimes, felonies, or misdemeanors, or interference in the work of any public authorities, commercial, non-profit or any other entities, social, political, or legal processes (including any political manipulations);
• promotion of the content that leads or can lead to the violation of any applicable laws, regulations, or third party’s rights;
• initiation, facilitation, promotion, development, or participation in any other manner in bullying, harassment, or threatening another individual;
• displaying or promotion of the pornographic or sexually explicit material of any kind, including underage;
• promotion of sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation;
• promotion of unauthorized advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
• demonstration of nude bodies, offensive gestures, and motions.

The Company may, but is not obliged to control User Content, is not responsible for it, and makes no representations or warranties to any User Content.

Please contact us if you find any User Content violating these Terms or your rights.

Impact measures

If you notice any prohibited activities on weSense or User Content infringing these Terms of your rights, mark via the special button or contact us to report the infringement.

We may remove User Content that violates these Terms or delete the user’s Account without warning if we find that Users have committed actions prohibited by these Terms.

If you object to the deletion of your Account, contact us. We will consider your objection and revise our decision.

At our sole discretion, we reserve the right to take action without compensation to users in the event of reasonable and sufficient grounds to believe that a violation has occurred.

weSense content

weSense is owned and controlled by the Company. Unless otherwise agreed in writing, all materials on weSense, including text, graphics, software, information, images, designs, domains, trademarks, logos, photographs, video, sounds, music, and any other materials, and the intellectual property rights in such materials (“Content”) belong to the Company or is included on weSense with the consent of the owner.

Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable worldwide license to access and use weSense and the Content in the manner provided for in these Terms, including for commercial purposes.
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You must not:

• use any robot, spider, another automatic device, or manual process to monitor, copy, or“scrape” the Content or for any other unauthorized purpose without our prior written consent;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company to protect it;
• use weSense for illegal purposes;
• change or delete any Company’s ownership notices from materials downloaded or printed from weSense;
• use the Content or any of its elements in any way not provided for in these Terms without theprior written permission of the Company or owners of the Content.

Any attempt to do so is considered a violation of these Terms and the rights of the Company. If you violate any of these restrictions, your use of weSense may be reviewed and terminated, and you may be subject to legal actions and damages.

You do not have any intellectual property rights for the Content of the websites created through weSense. You retain your intellectual property rights only for the User Content published on such websites.

User Content

You can upload materials, including images, videos, texts, designs, graphics, icons, or other materials and information (“User Content”) through weSense. If you contribute User Content through weSense, such User Content may be accessible to other Internet users and available for copying, sharing, distributing, and publishing outside weSense.
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Users are exclusively responsible for all User Content and the consequences of submitting it through weSense. We do not verify the User Content’s accuracy, quality, content or legality. We may, but are not obliged to review, analyze, filter, edit or remove any User Content. We are not responsible for preventing or identifying infringement of intellectual property rights or non-compliance with applicable laws. TheCompany will not be liable, directly or indirectly, in any way for any damage or loss caused or alleged to be caused by or in connection with the User Content.
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Users are solely responsible for obtaining all necessary consents, licenses and waivers required to submit the User Content through weSense. These may include consents, licenses and waivers from copyright, trademark and other intellectual property owners, and any other individuals involved in creating the User Content.

We own your User Content and information that you submit through weSense.

By submitting the User Content through weSense, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use, run, host, reproduce, process, translate, adapt, modify, publish, transmit, distribute and display the UserContent.

This license gives permission to:

• secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms and reports based on access to and use of the User Content;
• use, enhance, personalize, deliver, exhibit, publish, broadcast, publicly display, publicly perform, distribute, create derivative works, promote, copy, store, and reproduce (in any form) the UserContent on or through weSense.

You can end this license anytime by deleting your User Content or Account. However, the license and permissions regarding your User Content will continue to be in force for the users who have previously shared/reposted or downloaded your User Content.

When you upload or make available any User Content, you thereby represent and warrant that:

• creation, distribution, public display, and accessing, downloading, or copying of such UserContent do not and will not infringe the intellectual property rights of any third party;
• you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize other users of weSense and us to use your User Content in any manner contemplated by the Company and these Terms;
• you are solely responsible for all the confidential information and personal data that may appear in your User Content (such as a company name, address, pictures of any people, their contacts, etc.);
• your User Content is not false, inaccurate, or misleading, does not harm minors;
• your User Content does not impersonate any person or entity, including, without limitation, anyCompany’s representative, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• no payments of any kind shall be due by the Company to any person (entity) for the use of theUser Content (this does not apply to goods and services that you offer through a website created on weSense).

You are solely responsible for any User Content you upload to weSense. The User Content published through weSense can be subject to our prior moderation. However, we do not give any promises or guarantees to the User Content.

DMCA takedown

Submitting DMCA Notice

If someone believes that our users infringe their intellectual property rights, they can send a Notice of Claimed Infringement to us (“DMCA Notice”) by providing the following information in accordance with the Digital Millennium Copyright Act (“DMCA”):

• your physical or electronic signature;
• identification of the copyrighted work that you claim has been infringed;
• identification of where the material is located on the Website so that we may identify it;
• your address, telephone number, and email address;
• a statement of your good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Actions taken by the Company

If we receive the DMCA Notice in accordance with the foregoing, we reserve the right, at our sole discretion to:

• remove or disable the allegedly infringing User Content;
• notify the user accused of infringement about the DMCA Notice and removal/disabling of the claimed User Content;
• ask the user to contact you directly (upon your prior consent only) or to provide you with the user’s contact information (upon the user’s consent only) in order to resolve the issue amicably;
• terminate the user’s account or restrict the user’s access to his/her weSense account.

Submitting Counter Notice

If you believe that your User Content claimed to be infringing and therefore removed from weSense does not infringe on any copyrights, you may submit the Counter Notice containing the following information:

• your physical or electronic signature;
• identification of the counter-claimed content;
• a statement that you have a good-faith belief that the content was removed as a result of an inappropriate DMCA Notice;
• your contact and identification information, such as a name, address, phone number, email address, etc.;
• your consent to the jurisdiction of the U.S. Federal Courts for the judicial districts in which the user and weSense are located, and that such you will accept service of process from the original complaining party;
• a reasonable argument detailing opposition to the DMCA Notice sent to the Company by the complaining party, and proof of your legal title to use the claimed content.

Further steps

Upon receipt of the Counter Notice as set forth above the Company will:

• forward its copy to the original complaining party;
• inform the latter that the content in question may be restored not less than 10, nor more than 14 business days unless the complaining party notifies the Company that the legal action relating to the allegedly infringing content has been filed.

weSense contains or may depend on links to other websites and services.

The access and use of the other websites and services we do not control are governed by third parties and do not fall under these Terms.

We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.

You acknowledge that other terms of use (or equivalents) and privacy notices (or equivalents) apply to your use of third-party websites, services, and their content or functions.

weSense is provided to you “as is”.

The Company explicitly disclaims all warranties, express or implied, regarding weSense, Content and weSenses you may obtain or access through weSense, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.

We do our best to keep your data safe and secure and maintain weSense’s functionality. However, weSense may be subject to unavailability for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited, or curtailed.

WE ARE NOT RESPONSIBLE FOR DATA LOSS OR THE INABILITY TO USE PASSWORDS OR OTHER INFORMATION FOR LOGIN OR IDENTIFICATION.

WE DO NOT GUARANTEE THAT WESENSE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT WESENSE IS FREE OF ANYTHING ELSE HARMFUL.

WE DO NOT GUARANTEE THE CORRECTNESS OR COMPLETENESS OF THE INFORMATION PROVIDED BY AI-SERVICES PROVIDERS. USERS SHOULD VERIFY INDEPENDENTLY THE ACCURACY OF ANY OUTPUTS. WE ARE NOT RESPONSIBLE FOR ANY DECISIONS TAKEN BASED ON THE INFORMATION OR CONTENT PROVIDED THROUGH WESENSE.

THE COMPANY DOES NOT PROMOTE OR ENDORSE ANY BUSINESS THAT USES OUR SERVICE.WE ALSO DO NOT PROMOTE ANY GOODS OR SERVICES YOU MAY SEE USING WESENSE.

THE INFORMATION PROVIDED THROUGH WESENSE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. WESENSE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SENSORY-RELATED DATA CONTRIBUTED BY USERS. ALL SENSORY EXPERIENCES, INCLUDING THOSE SHARED BY OTHER USERS, ARE SUBJECTIVE AND MAY VARY DEPENDING ON INDIVIDUAL PERCEPTION. WESENSE IS NOT RESPONSIBLE FOR ANY ADVERSE REACTIONS OR CONSEQUENCES RESULTING FROM THE USE OF THE PLATFORM OR RELIANCE ON ITS CONTENT. USERS ARE ENCOURAGED TO EXERCISE CAUTION WHEN EXPLORING SENSORY ENVIRONMENTS AND CONSULT PROFESSIONALS IF NECESSARY.

At weSense, we strive for excellence in customer experience. Should you encounter any errors or issues during your use, please don't hesitate to contact us, we will make sure to carefully review your request and improve your experience as much as we can.

We shall not be held responsible if any information, materials, or Content available through weSense is inaccurate or incomplete and for typographical errors, omissions in the text, or other materials.In no event shall we or our contractors, subcontractors, employees, or any other team members, officers, members, affiliates, directors, agents, licensors, subsidiaries, suppliers, or any other party involved in creating, producing, transmitting, or distributing our products (“Key Persons”) and services be liable for:

• any direct, indirect, incidental, special, consequential, exemplary, or incidental damages,including lost profits, loss of data, or damage to property (even if we have been advised of thepossibility of such damages), related to:
  · the use or inability to use weSense; and
  · unauthorized access to or alteration of your transmissions or data; and
  · statements or conduct of any third party on weSense; and
  ‍· any other matter relating to weSense.
• any damage caused by the use of information obtained through weSense, caused by a defect inweSenses provided under these Terms; and
• any damage caused by any errors, defects, and interruptions on weSense.

We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control.

By using the platform, you agree to assume all risks associated with sensory experiences and understand that WeSense is not liable for any personal injury, discomfort, or inconvenience caused while using the service or relying on information provided through it.

The above disclaimer applies to the extent permitted by applicable law. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, liability is limited to the greatest extent permitted by law, resulting in the smallest dollar amount permitted for the aggregate liability for both the Company and affiliated parties for a claim deriving from or related to weSense. This is in place of any and all other remedies otherwise available.

You agree to defend, indemnify and hold harmless us and Key Persons from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

• any breach by you of any of these Terms;
• your use/misuse of weSense;
• a violation by you of applicable law, our or third party’s intellectual property or other rights, orany agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense. However, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.

The Party is released from liability for breach of these Terms if such breach is caused by reasons beyond the control of this Party (“Force Majeure”).

The Force Majeure shall be confirmed by the relevant document (certificate) issued by the authorized body at the Party’s request.

The Party must immediately (and not later than within ten (10) calendar days from such circumstances occurrence) notify the other Party of the Force Majeure and substantiate its interference with the performance of obligations under these Terms. Otherwise, such a Party loses the right to refer to the Force Majeure.

Force Majeure automatically extends the term of performance of obligations under these Terms for a period equal to its duration. Force Majeure releases the Party invoking it from the liability for non-performance.

If the Force Majeure lasts for more than 30 calendar days, either Party may initiate the termination of these Terms.

These Terms shall be exclusively governed by and construed under the laws of the Delaware State, USA.

You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to these Terms, including, without limitation, those relating to its validity, its construction or its enforceability, shall be settled through amicable negotiations directly with us following the principles of good faith and cooperation.

If attempts to reach a consensus through the negotiations fail, the dispute shall be settled by the regional office of the American Arbitration Association in Philadelphia, Pennsylvania, USA by a single arbitrator chosen pursuant to the then-applicable rules.
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The arbitration proceedings may be conducted in English, if the Parties do not agree otherwise.

If the arbitration clause above is inapplicable, then you consent to the jurisdiction of the federal or state courts of Wilmington, Delaware for purposes of any suit, action, or proceeding arising out of these Terms.

Any cause of action or claim you may have must be commenced within one year after the claim or cause of action arises.

Termination by company

We reserve the right at our sole discretion with prior notice to modify, suspend or discontinue weSense,Content, features, your Account, or offers through weSense at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to weSense.

We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.

We may immediately block your Account for a number of reasons, including where:

• you use weSense in a way that these Terms don’t allow;
• you refuse to provide us with the necessary information or the information you’ve provided is false or misleading;
• you’ve violated these Terms seriously or persistently and you haven’t put the matter right within a reasonable time of us asking you to;
• we are required to by law.

Termination by user

You may terminate these Terms by deleting your Account through its settings and no longer accessing and using weSense or by contacting us.

If you terminate these Terms, all permissions and licenses under these Terms will immediately terminate, and you will lose:

• your profile information;
• all your connections and followers;
• your posts and all content;
• lists of saved and sensed posts.

By using weSense and providing us with your contact details, you understand and agree that we may send you electronic notifications via email and push notifications regarding, without limitation:

• registration;
• password recovery;
• email confirmation;
• account deletion confirmation;
• support communication;
• marketing and promotional materials;
• updates of weSense and these Terms.

Some email messages may be more “commercial” in nature than others, as they may advertise our services or offers in which we believe you may be interested. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations.

At our sole discretion, we reserve the right to modify these Terms. If material changes affect your use of weSense, we will post the amended Terms seven (7) days prior to the effective date of changes. We may notify you before the changes’ effective date by sending an email to you if you have previously provided us with your email address. If you continue to use weSense, you agree to the updated version of these Terms.

If you disagree with the updated version of these Terms, please delete your Account and no longer use or access weSense.

If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of weSense to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.