Terms & conditions

1) Definitions

• “Device” / “Product” means the OutaSense hardware.
• “Service” means dashboards, notification delivery, cloud services, and related software/websites that support OutaSense.
• “You” means the purchaser and any user of the Device or Service.
• “Consumer” means an individual acting for personal, household, or non-business purposes.
• “Business Customer” means a purchaser or user who is not a Consumer.
• “Paid Features” means optional chargeable services (e.g., pay-as-you-go SMS/call alerts) and any future paid features we may offer.
• “Credits” means prepaid units for Paid Features, where offered.
• “Policies” means the Privacy Policy and Refunds & Returns Policy published on outasense.com, incorporated into these Terms by reference.

2) What OutaSense Does (and Important Limitations)

OutaSense is designed to:

• detect loss and restoration of power and/or internet connectivity at the Device location;
• send notifications through enabled channels; and
• record outage events and approximate duration.

OutaSense is not an emergency, safety, or life-critical system. It does not provide:

• emergency dispatch, medical, fire, or security monitoring;
• guaranteed alerts or real-time delivery; or
• power restoration or utility services.

Notifications may be delayed, duplicated, filtered, blocked, or not delivered due to factors outside our control (including third-party networks, carriers, email providers, device settings, and infrastructure). The Service is subject to availability, may change over time, and may be suspended or discontinued as described in these Terms.

Do not rely on OutaSense for situations where a failure to receive an alert could result in injury, death, property damage, or significant financial loss.

3) Eligibility and Accounts

You must be legally permitted to purchase, import, install, and use the Device in your country. You are responsible for maintaining accurate account details and securing your credentials. You are responsible for all activity that occurs through your account (except to the extent caused by our breach of these Terms).

We may suspend or restrict access to your account where reasonably necessary to protect you, other users, or the security and integrity of the Service (for example, suspected unauthorised access), and will restore access where practicable once the issue is resolved.

4) Orders, Pricing, Taxes, and International Sales

• Prices are shown at checkout and may vary by region.
• Unless stated otherwise at checkout, you are responsible for applicable taxes, VAT/GST, customs duties, import fees, and local charges.
• International shipments may be delayed due to customs or local regulations. Authorities may require additional information/documentation.

Pricing Errors

If a pricing error occurs, we may cancel the order and refund any amounts paid, or contact you for instructions, to the extent permitted by law.

Discounts and Promo Codes

Promo codes are subject to any terms shown at the time of issue and may be withdrawn or modified where permitted by law (for example, where misuse or error is detected).

Customs Duties, Taxes, and Import Fees

For international orders, you are responsible for any customs duties, import taxes (including VAT/GST), clearance fees, handling fees, or similar charges imposed by authorities in your country. These charges are not included in the purchase price unless expressly stated at checkout.

Customs duties, taxes, and related fees are generally non-refundable. If a returned shipment incurs customs duties, taxes, clearance fees, or similar charges payable by us (for example, due to carrier billing practices or incorrect customs declarations), we may deduct such amounts from any refund where legally permitted.

5) Shipping, Delivery, Title, and Risk

Delivery dates are estimates and not guaranteed. For Consumers, risk of loss passes to you when you (or a carrier you choose that is not offered by us) take physical possession of the Device, in accordance with applicable consumer law.

For Business Customers, risk may pass upon delivery to the carrier (or as otherwise agreed in writing), to the extent permitted by law.

Title (ownership) to the Device passes to you once we receive full payment, unless otherwise required by law.

We may ship orders in multiple packages. If we do, we will notify you where practicable.

6) Returns, Refunds, and Statutory Rights

Your return and refund rights depend on where you live, where you purchased, and mandatory consumer protection laws in your jurisdiction. Our Refunds & Returns Policy forms part of these Terms and explains how to request a return or refund.

Where applicable (including the UK and EU), statutory cooling-off/withdrawal rights apply and cannot be waived. Nothing in these Terms limits your non-excludable statutory rights for faulty or non-conforming goods.

For Business Customers, returns are accepted only where agreed in writing or as required by law.

7) Limited Hardware Warranty (Hardware Only)

We provide a limited hardware warranty in addition to any non-waivable statutory rights. This warranty covers the Device hardware only and does not guarantee availability, continuity, or duration of the Service.

7.1 Warranty Period

The Device is warranted against manufacturing defects for 12 months from delivery (or longer where required by law).

7.2 Remedies

If the Device is defective, we will provide remedies in accordance with applicable law. Where permitted, we may (at our option):

• repair it,
• replace it, or
• refund the purchase price (or a pro-rated amount where legally permitted).

7.3 Exclusions

The warranty does not cover damage caused by misuse, improper installation, power anomalies beyond Device specifications, environmental factors, unauthorised modification, or failures caused by third-party services or networks (including internet/router behaviour during outages, carrier networks, email providers, or platform changes).

7.4 Warranty Claims If the Service Is Unavailable

If the Service is unavailable or discontinued, warranty claims may be assessed using physical inspection and reasonable evidence (photos/videos) instead of Service diagnostics.

7.5 How to Make a Warranty Claim

To make a warranty claim, contact info@outasense.com with your order details, a description of the issue, and any supporting evidence (such as photos or videos). We may request that you return the Device for inspection, and we will provide instructions.

8) Your Responsibilities

You are responsible for:

• proper installation and safe use;
• maintaining compatible internet and power conditions;
• maintaining phone/email access and configuration to receive notifications (spam filters, “Do Not Disturb”, call blocking, etc.); and
• ensuring the Device is suitable for your use case.

You are responsible for complying with any laws, landlord/building rules, or permissions that apply to installation and use at the Device location.

9) Software, Licence, and Updates

Software and firmware are licensed, not sold. We grant you a limited, non-exclusive, non-transferable licence to use the software solely with the Device and Service. Updates may be required for security or functionality and may be delivered automatically. You may not reverse engineer or misuse the software except where permitted by law.

Open Source Components

The Service and Device software may include open source components governed by their own licences. Where required, applicable open source notices and licence terms will be made available.

Beta Features

We may offer beta or preview features. Beta features may be unstable, may change or be discontinued, and are provided “as is” to the fullest extent permitted by law.

10) Service Reliability

We do not guarantee uninterrupted Service, real-time alerts, or delivery of every notification. The Service depends on third-party networks and conditions outside our control.

We may perform maintenance that affects availability. Where practicable, we will provide reasonable notice for planned maintenance that materially impacts the Service.

11) Communications (Email, SMS, Calls)

By enabling notifications, you request service-related messages or calls relating to outage/restoration events and necessary account/service notices. Message frequency varies. Carrier charges may apply. You can opt out of individual channels, but doing so may prevent alerts.

Where required by law, your consent may be required to receive SMS or phone-call alerts. You can withdraw consent or change notification preferences at any time in your account settings (where available) or by contacting us.

Marketing communications (if any) will be sent only where permitted by law and, where required, based on your consent. You can opt out of marketing at any time.

12) Paid Features and Credits

• Paid Features are optional and pay-as-you-go unless stated otherwise.
• Credits (if offered) apply only to Paid Features and have no cash value except where required by law.
• Refunds if Service ends: If the Service is permanently discontinued, unused Credits purchased directly from us will be refunded unless otherwise stated at purchase for a specific offer or required by law.

Credit Expiry

Unless stated at purchase, Credits do not expire. If we introduce expiry for future purchases, this will be disclosed at the time of purchase and will not apply retroactively where prohibited by law.

Paid Alert Delivery

Paid Features may depend on third-party carriers and networks. We do not guarantee delivery of every SMS or call. Where required by law, we will provide refunds or account credits for Paid Features that were paid for but not provided due to an issue within our reasonable control.

13) Privacy and International Data Transfers

Personal data is processed under our Privacy Policy. Data may be processed outside your country with appropriate safeguards as required by law.

14) Acceptable Use and Enforcement

You must not misuse the Service, interfere with systems, attempt unauthorised access, violate laws, or resell monitoring services without our permission. We may suspend or restrict access where reasonably necessary to protect security, integrity, users, or legal compliance. Where practicable, we will take proportionate steps and restore access after the issue is resolved.

Security Testing and Responsible Disclosure

You must not probe, scan, or test the vulnerability of the Service without our prior written permission, except where permitted by law. If you believe you have discovered a security vulnerability, please contact us at info@outasense.com so we can investigate.

15) Intellectual Property

All intellectual property in the Device, Service, software, trademarks, and content remains owned by us or our licensors. No rights are granted beyond those expressly stated in these Terms.

Feedback

If you provide suggestions or feedback, you grant us a worldwide, royalty-free, perpetual, irrevocable licence to use and incorporate it into our products and services without compensation, to the extent permitted by law.

16) Third-Party Services

We are not responsible for outages or failures of third-party services, carriers, email providers, or platforms, or for changes in third-party policies that affect delivery or availability.

App Stores

If you download an OutaSense app from a third-party app store, your use may also be subject to that store’s terms and policies. The app store is not responsible for the Service and has no obligation to provide support.

17) Disclaimers

To the fullest extent permitted by law, the Device and Service are provided “AS IS” and “AS AVAILABLE”. Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

If you are a Consumer, you may have legal rights in relation to the Device that cannot be excluded or limited by these Terms.

18) Limitation of Liability

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. If you are a Consumer, these limits apply only to the extent permitted by consumer law in your jurisdiction.

If you are a Consumer, we are responsible for losses you suffer that are a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for losses that are not foreseeable.

To the extent permitted by law, our total liability arising out of or in connection with the Device or Service will not exceed the greater of:

• the price paid for the Device; or
• fees paid for Paid Features in the previous 12 months,

whichever is greater.

To the extent permitted by law, we are not liable for indirect, consequential, special, or punitive losses, or loss of profit, revenue, goodwill, or data.

19) Indemnification

If you are a Business Customer, you agree to indemnify us for losses arising from your misuse or violation of these Terms. This does not apply to Consumers where prohibited or limited by mandatory consumer laws.

20) Export Controls and Sanctions

You must comply with export controls, sanctions, and trade laws applicable to your location and use of the Device and Service.

21) Force Majeure

We are not liable for failures caused by events beyond our reasonable control.

22) Termination and Service Discontinuation

You may stop using the Service at any time. We may suspend, restrict, or terminate access if required by law, for security reasons, to prevent misuse, or if you materially violate these Terms.

Service discontinuation: We may change, suspend, or discontinue the Service (in whole or in part). Where practicable, we will provide reasonable notice for material changes. If the Service is discontinued, the Device may no longer send notifications. Nothing in this section affects rights relating to Paid Features or Credits already purchased (see Section 12) or your statutory rights.

Where the Service provides a method to export or download your account data, we may make that available for a reasonable period after termination, subject to legal, security, and operational constraints.

23) Disputes, Complaints, and Alternative Dispute Resolution

If you have a complaint, please contact us at info@outasense.com and we will try to resolve it promptly.

If you are a Consumer in the UK or EU, you may have the right to use alternative dispute resolution (ADR) or online dispute resolution (ODR) mechanisms where available in your jurisdiction.

24) Governing Law, Courts, and Consumer Rights

If you are a Business Customer, these Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, to the extent permitted by law.

If you are a Consumer, mandatory consumer protection laws in your country/region apply and override conflicting provisions. Nothing in these Terms prevents you from bringing claims in the courts of your habitual residence where mandatory law provides that right.

25) Changes to These Terms

We may update these Terms from time to time. Changes take effect when published, unless stated otherwise. If changes are material, we will provide additional notice where required by law. Continued use of the Service after the effective date of updated Terms means you accept the updated Terms.

If you do not agree to an updated version of these Terms, you should stop using the Service and may be entitled to remedies available under applicable law.

26) Miscellaneous

If any provision is unenforceable, the remainder remains effective. These Terms and the Policies form the entire agreement between you and us regarding the Device and Service.

You may not assign these Terms without our consent (except where permitted by law). We may assign our rights and obligations in connection with a restructuring or sale of the business, subject to applicable law.

Any failure to enforce a provision of these Terms is not a waiver of our right to do so later.

27) Contact