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Sensei Wellness Services Terms of Service

Sensei Wellness Holdings, Inc.

Last updated: January 17, 2021

Welcome, and thank you for your interest in Sensei Wellness Holdings, Inc. (“Sensei,” “we,” or “us”), our website at www.sensei.com, and our wellness, nutrition, spa, and fitness services at retreats facilitated by Sensei (“Sensei Retreats”) along with our related websites and member portals, networks, applications, mobile applications, including any personal wearable data monitoring devices connected to any related Sensei websites, member portal, networks, application or mobile applications, as well as any other services provided by us at any Sensei location (collectively, the “Service”).

The Terms of Service is a legally binding contract between you and Sensei and must be signed before you use or receive any Service at any Sensei location or through any Sensei member portal or network. By accepting these terms, you agree that you have read and understood the following terms and conditions, including the Sensei Wellness Privacy Policy (“Privacy Policy,” collectively with these Terms of Service, the “Terms”). If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service.

  1. Service Overview. The Service is designed to provide users of the Service (“Members,” or “Guests”) with data-driven and personalized wellness, fitness, and nutrition guidance and services. No services offered to Guests involve medical advice, treatment, or diagnosis of a medical condition. In connection with a Guest’s participation in any Sensei Services, including a stay at a Sensei Retreat, information about the Guest will be collected by Sensei staff, through online questionnaires, online data input by Guest, electronic devices worn or used by the Guest either before, during or after Guest’s onsite Sensei Retreat visit, or through an equipment made available at the resort. As used in these Terms of Service, “Personal Information,” “Sensitive Information,” and “Aggregated Data” will have the meanings given to them in the Privacy Policy. In providing personalized Services, Sensei and its staff may access and use the following types of Personal Information , including Sensitive Information, that you voluntarily provide, either directly or indirectly, including through the use of any Service, Sensei website or portal, an electronic tracking or monitoring device or use of an instrument or equipment, or any third-party website or software application connected to Sensei, including, but not limited to: your guest registration and contract information (e.g., date of birth, mailing address, email, phone number, dates of stay, and travel itinerary), your wellness and fitness goals, sleep experiences and habits, meditation experiences and habits, fitness experiences and habits, daily activities, body composition, heart rate, blood oxygen level, workout metrics, calories and food consumption, alcohol and other liquid consumption, family medical history, and any lifestyle, fitness, or wellness recommendations provided to/for you by any medical or healthcare professionals and which you elected to share with Sensei. Such Personal Information may be shared and combined with other information that you have previously provided to Sensei, as described in the Privacy Policy.

Reports and guidance provided by Sensei, including general wellness and nutrition information based on your Personal Information, are provided solely for informational or educational purposes and will be sent to Guests in person, via text messages, emails, phone calls or through an online web portal. The Service, including the sending of reports and guidance through phone calls, text messages, emails and notifications within the Sensei websites, may continue after the Guest has left a Sensei resort. Sensei staff who may access your Personal Information include, but not limited to: your Sensei pre-arrival specialist, Sensei guide, massage therapists, aestheticians, fitness trainers or specialists, meditation specialists, nutritional specialists, chefs and meal planners, Sensei Retreat Director, and certain Sensei engineering and executive administrative staff. Your Personal Information may also be aggregated with data from other guests and used by Sensei to improve its Services. We may also use and disclose Aggregated Data as described in the Privacy Policy. Only Sensei and its authorized personnel may access and use your Personal Information to provide or to improve the Services, as set forth in the Privacy Policy.

The Services may include spa treatments, physical movements and activities, physical exercises, breathing exercises, meditation, meals, lectures, coaching, and any recommendations thereof, delivered in-person or via pre-recorded or live videos or audio, and these Services are provided to Guests at their request for use or consumption at the sole discretion of the Guests and at their own risk. You acknowledge that there are various degrees of physical and emotional exertion associated with participating in the Services and by receiving Services offered online or at a Sensei Retreat you are solely responsible for determining which Services are suitable for you. While the Services include the collection of Personal Information, you understand and give Sensei the right to collect, store and utilize any Personal Information, including any Sensitive Information voluntarily provided by you, including through a device, instrument, or application used or controlled by you, to provide feedback to enhance the Guest’s use of the Services. You also understand it is your responsibility to perform physical activities commensurate with your level of comfort and condition and to promptly inform Sensei of any difficulties or conditions that may hinder your participation in any Services. Sensei may exclude any person from utilizing or participating in any Services. You understand that you are to consult your own personal physician or medical provider if you have any questions regarding your diet, nutrition, level of fitness or health condition. You hold Sensei harmless from liability attributable to your own fitness level or health condition, or how you decide to use any Service or information provided to you.

  1. Not a Medical Care Provider. The Service is intended to provide data-driven guidance to enhance your fitness, wellness, and experience at Sensei. However, Sensei is not licensed to provide any medical care and the Service does not (and is not intended to) provide any medical care or medical advice, or to serve as a substitute for the advice of a medical professional. If you wish to receive medical care or medical advice, please contact a doctor or other licensed medical care provider. All Services, including any reports or guidance, provided by Sensei are provided at your request and for use at your sole discretion, and are intended solely for your personal growth and informational or educational purposes. If you have any medical questions regarding any Service, report, or guidance that you receive from Sensei, please consult with a healthcare professional.
  2. Medical Assistance. If you are injured or if a health issue arises, you authorize us to call for medical assistance on your behalf and to arrange transport to a medical facility or hospital. You further agree to be responsible for all costs associated with any such medical care and related transport, and you indemnify and hold Sensei harmless from such costs.
  3. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
  4. Accounts and Registration. A guest profile and user account will be created when you either sign-up on any related Sensei websites and member portals, networks, application or mobile applications or by making a booking at a Sensei Retreat, register to use the Service, or interact with a reservation specialist or guide. In order to register to use the Service, you may be required to provide us with some information about yourself including your name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date during the period of time that you use the Service. The Sensei Wellness Privacy Policy describes how we handle your Personal Information, including your Sensitive Information.
  5. Limited Licenses. Subject to your complete and ongoing compliance with these Terms, Sensei grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term to install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control, as well as access and use the Service. You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Sensei an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose.
  6. Ownership. The Service is owned and operated by Sensei. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Sensei are protected by intellectual property and other laws.

The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

Sensei is not responsible for any third-party content, wearable device functionality, advice, service, or recommendations, or any problems or issues arising from or in connection with any Third Party Components, including third-party wearables, websites, applications, services, products, or content.

  1. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
  • a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • b. access or attempt to access any information about a Guest other than yourself, including their account, guest profile, personal information, or other personal resources or information;
  • c. interfere with any security-related features of the Service including disabling or circumventing features, reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
  • d. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  • e. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth or any other personal information;
  • f. share your Sensei username, password, access token, customized web link, or other access credential;
  • g. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
  • h. attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.
  1. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
  2. Term, Termination and Modification of the Service. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section 10.

If you violate any provision of these Terms and your authorization to access the Service and these Terms automatically terminate. Sensei may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@sensei.com. Upon termination of these Terms: your license rights will terminate, and you must immediately cease all use of the Service and Sections 6, 7, 10, 11, 12, 13 and 14 will survive.

Sensei reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Sensei will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

  1. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Sensei and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Sensei Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any terms or conditions required by any third party product or service, including terms of use associated with any third-party device, application, or service that connects or shares any Sensitive Information with Sensei, or any applicable law or regulation; or (c) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  2. Disclaimers; No Warranties. The Service and all Materials and content available through the Service are provided “as is” and on an “as available” basis. All disclaimers set forth herein and in the Privacy Policy, including Section 2 above (Not a Medical Care Provider) are hereby incorporated by reference under this Section 12.

Sensei disclaims all warranties of any kind, whether express or implied, relating to the Service and all Materials and content available through the Service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Sensei does not warrant that the Service or any portion of the Service, or any Materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Sensei does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the Service or Sensei Entities or any Materials or content available through the Service will create any warranty regarding any of the Sensei Entities or the Service that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Service or your use thereof. You understand and agree that you use any portion of the Service at your own discretion and risk; that the Service does not provide medical advice or care; and that we are not responsible for any damage or any loss of data.

The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. Sensei does not disclaim any warranty or other right that Sensei is prohibited from disclaiming under applicable law.

  1. Limitations of Liability. To the fullest extent permitted by law, in no event will the Sensei Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any Materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Sensei Entity has been informed of the possibility of damage.

To the fullest extent permitted by law, the aggregate liability of the Sensei Entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Sensei for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to claim; or (b) $100.

The allocation of risks set forth in this Section 13 is an essential element of the basis of the bargain between the parties. The limitations in this Section 13 will apply even if any limited remedy fails of its essential purpose.

  1. Miscellaneous
  • 14.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Sensei regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect either party’s right to require performance at any other time after that, nor will a waiver of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
  • 14.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Sensei submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
  • 14.3 Privacy Policy. You acknowledge that the personal data you provide to us or that we collect in connection with the Service will be used and protected as described in the Sensei Website Privacy Policy, https://www.sensei.com/privacy and in the Sensei Wellness Privacy Policy https://sensei.com/privacy-policy-retreats/. Please read these documents carefully.
  • 14.4 Compliance. You acknowledge and agree that you are responsible for the personal data and other information that you provide or use in connection with the Service and are responsible for complying with any applicable laws and regulations.
  • 14.5 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  • 14.6 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices.
  • 14.7 Contact Information. The Service is offered by Sensei Holdings, Inc., which can be reached at Sensei Holdings, Inc., 1119 Colorado Ave, Suite 18, Santa Monica, CA 90401-3009. You may contact us by sending correspondence to that address or by emailing us at info@sensei.com.
  • 14.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
  • 14.9 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
  • 14.10 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
  • 14.11 Arbitration. Any dispute arising under or in connection with these Terms will be resolved only by binding arbitration before one arbitrator acting under and selected in accordance with the Consumer Arbitration Rules of the American Arbitration Association, which are available online at www.adr.org. Such arbitration wil be conducted in English in Los Angeles, California, and the decision of the arbitrator may be entered in any court of competent jurisdiction. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. However, the provisions of this Section 14.11 do not waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable federal, state, or local regulatory agency; (c) seek injunctive relief in a court of law in aid of such arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.