1. Acceptance of Terms

Welcome to Sensorysmart! By accessing or using our web and mobile application ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

Important: These Terms constitute a legally binding agreement between you and Sensorysmart. Please read them carefully.

2. Description of Service

Sensorysmart is a web and mobile application designed to help parents and caregivers create personalized sensory activities for their children based on sensory processing assessments. Our Service includes:

  • Comprehensive sensory processing assessments
  • Personalized activity recommendations
  • Activity tracking and rating system
  • AI-powered coaching and guidance
  • Progress journaling and monitoring
  • Educational resources and support

3. Eligibility and Account Requirements

Age Requirements

  • You must be at least 18 years old to use Sensorysmart
  • Our Service is intended for parents, guardians, and caregivers acting on behalf of children
  • You must provide accurate and complete information when creating your account

Account Responsibilities

  • You are responsible for maintaining the confidentiality of your account credentials
  • You agree to notify us immediately of any unauthorized use of your account
  • You are responsible for all activities that occur under your account
  • One account per family unit is permitted

4. Subscription and Payment Terms

Subscription Service

  • Sensorysmart operates on a subscription-based model
  • Subscription fees are billed monthly in advance
  • All fees are non-refundable unless otherwise stated
  • We reserve the right to change subscription pricing with 30 days advance notice

Payment Processing

  • Payments are processed securely through Stripe
  • You authorize us to charge your selected payment method for all applicable fees
  • You must maintain valid payment information to continue using the Service
  • Failed payments may result in service suspension

Refunds and Cancellation

  • All subscription fees are final and non-refundable
  • You may cancel your subscription at any time through your account settings
  • Cancellation prevents future billing but does not entitle you to a refund for the current billing period
  • Your access to the Service will continue until the end of your current billing period
  • Once your current billing period expires after cancellation, you will not be charged again

Free Trial and Assessment

  • We may offer a free assessment period before requiring subscription
  • Free trial users have limited access to features
  • Subscription is required for full Service access

5. Acceptable Use

Permitted Uses

  • Use the Service for its intended purpose of supporting children's sensory development
  • Provide accurate information in assessments and profiles
  • Use educational content and recommendations responsibly
  • Respect the intellectual property rights of Sensorysmart
  • Understand that while Sensorysmart was developed by a licensed occupational therapist, the Service provides educational guidance only and is not medical advice
  • Agree to seek professional medical treatment with your pediatrician, doctor, or occupational therapist if the guidance provided does not suffice or if you have concerns about your child's development

Prohibited Uses

You agree NOT to:

  • Use the Service for any unlawful purpose or in violation of these Terms
  • Share your account credentials with others outside your immediate family
  • Attempt to reverse engineer, modify, or hack the Service
  • Upload malicious code, viruses, or harmful content
  • Use the Service to provide professional medical or therapeutic advice to others
  • Resell, redistribute, or commercially exploit the Service
  • Create multiple accounts to circumvent subscription requirements
  • Use automated systems (bots, scrapers) to access the Service

Child Safety and Mandatory Reporting

  • We take child safety seriously and may review chat conversations and user content for safety purposes
  • If we become aware of suspected child abuse, neglect, or safety concerns through your use of the Service, we may be required to report such concerns to appropriate authorities as mandated by law
  • You understand that certain communications through our AI Coach or other features may not be confidential if they raise child safety concerns
  • We reserve the right to suspend accounts and cooperate with law enforcement when child safety is at risk

6. Content and Intellectual Property

Your Content

  • You retain ownership of information you provide (assessment responses, journal entries, etc.)
  • You grant us a limited license to use your content to provide and improve the Service
  • You also grant us the right to use your content (in anonymized or aggregated form) for reviews, research studies, website testimonials, and service improvement purposes
  • We may quote or reference your feedback, reviews, or success stories for marketing purposes, but will not include personally identifying information without your explicit consent
  • You are responsible for the accuracy and appropriateness of content you submit
  • You agree not to submit content that violates any laws or third-party rights

Our Content

  • Sensorysmart owns all rights to the Service, including software, assessments, activities, and educational content
  • Our content is protected by copyright, trademark, and other intellectual property laws
  • You may not copy, modify, distribute, or create derivative works of our content
  • Any unauthorized use of our intellectual property is strictly prohibited

7. Medical Disclaimer

Not Medical Advice

IMPORTANT: While Sensorysmart was developed by a licensed occupational therapist, our Service provides educational information and activity suggestions only. Our Service:

  • Does not provide medical, therapeutic, or diagnostic advice
  • Is not a substitute for professional medical care or therapy
  • Should not be used to diagnose or treat medical conditions
  • Is intended to supplement, not replace, professional guidance

Professional Consultation

  • Always consult qualified healthcare professionals for medical concerns
  • Seek immediate medical attention for urgent health issues
  • Discuss any concerns about your child's development with appropriate professionals
  • If the guidance provided by Sensorysmart does not suffice or if you have ongoing concerns, you agree to seek professional medical treatment with your pediatrician, doctor, or occupational therapist
  • We recommend involving occupational therapists and other specialists as appropriate

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our Privacy Policy.

Data Breach Notification

In the event of a data security incident that may affect your personal information:

  • We will investigate and assess the incident promptly
  • We will notify affected users within a reasonable timeframe as required by applicable laws
  • We will provide information about the nature of the incident and steps being taken to address it
  • We will cooperate with law enforcement and regulatory authorities as required
  • We will take appropriate measures to prevent similar incidents in the future

9. Service Availability and Modifications

Service Availability

  • We strive to maintain Service availability but cannot guarantee 100% uptime
  • Scheduled maintenance may temporarily interrupt Service access
  • We are not liable for Service interruptions beyond our reasonable control

Service Limitations and Usage Limits

  • We reserve the right to implement reasonable usage limits on AI-powered tools, including but not limited to chat conversations, to ensure optimal Service performance for all users
  • Users who exceed reasonable usage limits may experience temporary restrictions
  • We will provide reasonable notice of any usage limit implementations when possible

Service Modifications

  • We reserve the right to modify, update, or discontinue features of the Service
  • We will provide reasonable notice of material changes when possible
  • Continued use of the Service after changes constitutes acceptance of modifications

10. Termination

Termination by You

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing period
  • You remain responsible for all charges incurred prior to cancellation

Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms of Service
  • Engage in fraudulent activity
  • Fail to pay applicable fees
  • Use the Service in a way that harms us or other users

Effect of Termination

  • Upon termination, your right to use the Service immediately ceases
  • We may delete your account and associated data according to our Privacy Policy
  • Provisions of these Terms that should survive termination will remain in effect

11. Disclaimers and Limitations of Liability

Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENSORYSMART SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Lost profits, data, or business opportunities
  • Service interruptions or technical failures
  • Actions or decisions made based on Service content

Our total liability to you shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Sensorysmart, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit through the Service

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict of law principles.

Dispute Resolution Process

  1. Direct Communication: Before formal proceedings, contact us at getsensorysmart@gmail.com to resolve disputes
  2. Mediation: If direct communication fails, disputes may be resolved through binding mediation
  3. Jurisdiction: Any legal proceedings will be conducted in the state and federal courts of Indiana

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

Export Restrictions

You agree not to use or export the Service in violation of any applicable export control laws or regulations of the United States or any other jurisdiction. You represent that you are not located in, or a resident or national of, any country subject to U.S. government embargo or that has been designated as a "terrorist supporting" country by the U.S. government.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sensorysmart regarding the Service.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control.

Notice Requirements

  • We may provide notices through the Service, email, or postal mail to your registered address
  • You may contact us at getsensorysmart@gmail.com for any notices to us

Accessibility Commitment

We are committed to making our Service accessible to users with disabilities. While we strive to follow web accessibility guidelines and best practices:

  • We welcome feedback on accessibility improvements
  • If you encounter accessibility barriers, please contact us at getsensorysmart@gmail.com
  • We will make reasonable efforts to address accessibility concerns
  • We continue to improve our Service's accessibility features over time

15. Contact Information

For questions about these Terms of Service:

Email: getsensorysmart@gmail.com

Address: 1965 E Main St, Danville, IN 46122

16. Updates to Terms

We may update these Terms from time to time. We will:

  • Notify users of material changes via email or Service notification
  • Post updated Terms with a new "Last Updated" date
  • Provide at least 30 days notice for significant changes
  • Consider continued use as acceptance of updated Terms

By using Sensorysmart, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service were last updated on July 22, 2025 and are effective as of July 1, 2025.