Terms of Service
Effective Date: 1st November 2024
These Terms of Service ("Terms") are entered into by and between Pollinatework Ltd, a UK-based company with a registered address at 42B Gunton Road, London, United Kingdom, E5 9JS ("Pollinatework," "we," "us," or "our"), and you, the user. These Terms govern your use of the Sensibee™ device, services, and website located at https://www.sensibee.io ("Site") and any other services provided by Pollinatework under the Sensibee™ brand (collectively, the "Services"). This Agreement sets forth the general terms and conditions of your use of https://www.sensibee.io as well as the products and/or services purchased or accessed through this Site (the "Services").The terms "we", "us" or "our" shall refer to Pollinatework Ltd and Sensibee™. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
1. Acceptance of Terms
By accessing or using Sensibee™’s Site and Services, you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, do not use our Site or Services.If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services.
2. Changes to Terms
We may, in our sole and absolute discretion, change or modify these Terms of Service, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of these Terms of Service as last revised. We encourage you to review these Terms periodically.
3. Use of the Services
Sensibee™ provides services related to the collection, processing, and analysis of images of insects, including geolocation data, for purposes of research, monitoring and AI/ML training. By using our Services, you agree to:
Use the Services only for lawful purposes and in accordance with these Terms.
Not engage in any activity that could harm, disable, overburden, or impair the functionality of the Site or Services.
Not interfere with or circumvent any security features of the Site or Services.
Not to misuse data collected via the Services in a manner that misrepresents data integrity.
4. User Account and Registration
To access certain features of the Services, you may be required to create an account with Sensibee™. By registering, you agree to:
Provide accurate and complete information.
Keep your account information up to date.
Use a unique, secure password.
Maintain the confidentiality of your account credentials and notify us immediately of any unauthorised use of your account.
5. Site Access and Availability
Subject to the terms and conditions of these Terms of Service, Pollinatework Ltd will make commercially reasonable efforts to provide access to the Site on a continuous, 24/7 basis. However, you acknowledge and agree that there may be times when the Site is unavailable for reasons beyond our control. This may include, but is not limited to, periodic maintenance, updates, repairs, and replacements, or interruptions and failures of telecommunications, digital transmission links, cloud computing infrastructure, or other technical systems. Pollinatework Ltd assumes no responsibility for, and shall not be liable to you or any other party for, any inability to access the Site or any interruptions in service.
6. Data Collection and Privacy
We collect data, including personal information, images, and geolocation data, as described in our Privacy Policy. By using our Services, you consent to the collection and use of your data as outlined in the Privacy Policy. You retain rights to access, update, or delete your data, in accordance with the Privacy Policy and applicable law. Data will be stored for the minimum duration necessary to fulfil Service goals. Pollinatework Ltd may use anonymised data for research or analysis and will handle personal data in compliance with applicable privacy laws.
7. International Compliance
If you are accessing our Site or Services from outside the United Kingdom, including from the European Union (EU), you agree that your personal data will be processed in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for EU users, as well as Sensibee™’s Privacy Policy. By using our Services, you consent to the transfer and processing of your data within jurisdictions where Pollinatework Ltd operates, subject to our data privacy practices.
8. Intellectual Property
The content on the Site, including but not limited to text, images, logos, trademarks, software, and graphics, is owned by Pollinatework Ltd and branded as Sensibee™ and is protected by intellectual property laws. You agree not to:
Reproduce, modify, distribute, or create derivative works from the content on the Site without express written permission from Pollinatework Ltd.
Use our trademarks, service marks, or logos without prior consent.
By uploading or sharing images or data, you grant Pollinatework Ltd a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, modify, and create derivative works of your content solely for research and development of our services.
9. Prohibited Conduct
You agree not to engage in any of the following activities:
Violating any laws or regulations.
Attempting to gain unauthorised access to our systems or data.
Engaging in fraud, hacking, or other malicious activities.
Uploading, posting, or transmitting content that is harmful, offensive, or unlawful.
10. Disclaimers and Limitations of Liability
The Services are provided "as is" and "as available," without any warranties or representations, express or implied. Pollinatework Ltd does not guarantee the accuracy, reliability, or availability of the Site or Services. Pollinatework Ltd is not responsible for errors in image processing, data interpretation or geolocation inaccuracies.To the fullest extent permitted by law, Pollinatework Ltd will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site or Services, including but not limited to loss of data, loss of profits, or business interruption.
11. Indemnification
You agree to indemnify and hold harmless Pollinatework Ltd, its affiliates, employees, officers, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Site or Services, or from your violation of these Terms.
12. Modification or Termination of Access
Pollinatework Ltd reserves the right to modify, suspend, or terminate your access to the Site or Services at any time, without notice, for any reason, including but not limited to violations of these Terms. This may include, but is not limited to:
Adding, changing, or discontinuing features or functionalities of the Site or Services.
Updating or removing content, including user-provided content, if it does not align with our Terms or policies.
Changing the availability or scope of certain services based on operational, security, or legal requirements.
Your continued use of the Site or Services following any modification indicates your acceptance of those changes. Pollinatework Ltd is not liable for any modifications, suspension, or termination of services.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in the United Kingdom.
14. Dispute Resolution
Any controversy or claim arising out of or relating to these Terms of Services will be settled by each party acting in good faith to resolve the same, and failing this by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the United Kingdom, and judgement on the arbitration award may be entered into any court having jurisdiction thereof.The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
15. Refund and Cancellation Policy
If you have purchased any paid services or subscriptions from Pollinatework Ltd, you may be eligible for a refund or cancellation in certain circumstances. To request a refund or cancel your subscription, please contact our customer support team at contact@sensibee.io.
16. Force Majeure
Pollinatework Ltd shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of nature, war, terrorism, labour strikes, government actions, and technical failures.In the event of a force majeure event, Pollinatework Ltd may delay the delivery of services without penalty.
17. Links to Third-Party Websites
The Site may include links to third-party websites. Pollinatework Ltd does not endorse, verify, or have control over these external sites, and assumes no responsibility for their content, privacy practices, or terms of service. Accessing third-party websites is at your own risk, and we encourage you to carefully review their privacy policies and terms of use before engaging with their services.
18. Children’s Privacy
Our Services are not intended for children under the age of 13, and we do not knowingly collect personal information from children. If we learn that we have collected personal data from a child under the age of 13, we will take steps to delete such information from our records.
19. Your Rights and Choices
You have the right to access, modify, and delete your personal data as described in our Privacy Policy. You may also have the right to object to or restrict certain types of data processing.
20. Severability
Each covenant and agreement in these Terms of Service shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Service to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Service shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
21. Contact Information
If you have any questions or concerns regarding these Terms or your use of the Site or Services, please contact us at: contact@sensibee.io