Terms and Conditions
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These Terms and Conditions govern the sale of AglaiaSense Products and Services and the use of the AglaiaSense website at www.aglaiasense.com, including its Contact Us form (the "Website"). They are organized in three parts:
- Part A — Terms of Sale (Sections 1–15) applies to Customers who order Products or Services.
- Part B — Website Terms of Use (Sections 16–21) applies to anyone who visits or uses the Website, including anyone who submits the Contact Us form.
- Part C — General Provisions (Sections 22–23) applies to both Part A and Part B.
Sections 12 (Data Privacy and Protection) and 13 (Current Policies and Modifications) also apply to the Website. In these Terms and Conditions, "you" means the person using the Website or, where that person acts for a company, that company.
By placing an order for products or services through AglaiaSense, you accept these Terms and Conditions. By accessing or using the Website, you accept Parts B and C and Sections 12 and 13. This Agreement takes precedence over any supplemental or conflicting terms and conditions submitted by the Purchaser, to which notice of objection is hereby given.
PART A — TERMS OF SALE
1. DEFINITIONS
"Customer" shall mean a legal entity or business purchasing Products or Services from AglaiaSense.
"Product" shall mean AglaiaSense hardware products, including cameras and associated hardware, excluding Software, parts not installed or added by AglaiaSense in its factory.
"Service" shall mean the subscription-based platform, cellular connectivity, cloud storage, and related services provided by AglaiaSense under an annual service plan.
"Order Confirmation" shall mean a formal acknowledgement email sent by AglaiaSense to the Customer for Products or Services ordered.
"Price" shall mean the price stated in the Order Confirmation.
"Software" shall mean computer operating systems, applications, firmware, and middleware.
"Plan Allowance" shall mean 1GB of cellular data per device per month, included in the annual service fee. Alternative arrangements, if any, are specified in the Order Confirmation.
2. PRODUCTS AND SERVICES
AglaiaSense may revise and discontinue Products and Services. In the event that Products or Services are changed, discontinued, or no longer available, AglaiaSense will promptly notify the Customer and either issue a refund or offer an alternate product or service of similar functionality.
Customers may place orders through AglaiaSense's website or authorized sales channels. By submitting an order, the Customer agrees to be bound by these Terms and Conditions in their entirety. No order shall be binding on AglaiaSense unless AglaiaSense sends an Order Confirmation.
AglaiaSense may request information about the intended use of the ordered Products. AglaiaSense reserves the right to reject or cancel any order at its discretion without providing reasons.
Customers should promptly verify Order Confirmations and notify AglaiaSense of any errors in writing upon receipt. Otherwise, the details stated in the Order Confirmation shall govern.
3. PRICING
Unless otherwise specified, prices are for the stated quantity and do not include applicable taxes, transportation, insurance, tariffs, or customs charges. Shipping and handling charges are added separately at checkout or invoiced separately.
Prices for any undelivered goods or services may be adjusted by AglaiaSense in the event of increases in the cost of supplies, raw materials, labor, or services, or any increase resulting from causes beyond AglaiaSense's reasonable control, with reasonable notice to the Customer.
4. PAYMENT
Payment terms are Net 30 from the date of invoice, unless otherwise agreed in writing by AglaiaSense. Payment must be made in US Dollars.
If payment is made by wire transfer, all bank and wire transfer charges shall be borne by the Customer.
AglaiaSense reserves the right to require advance payment or alternative payment arrangements for new accounts, or where the Customer's creditworthiness is in question.
5. CREDIT TERMS
(a) Standard payment terms are Net 30 from invoice date. AglaiaSense may extend or revoke credit at its sole discretion. Credit applications may take up to 30 days to process.
(b) Customer agrees to keep accounts current and pay each invoice per its terms. Customer agrees to provide advance funds when disbursements exceed any established credit limit.
(c) AglaiaSense reserves the right to require advance payment or modify credit terms if Customer's credit becomes objectionable. If AglaiaSense reasonably believes Customer's ability to pay is impaired, AglaiaSense may cancel outstanding orders without liability. Customer remains liable for goods already shipped.
(d) If Customer fails to maintain current payment, all amounts owed become immediately due and payable. Customer shall be liable for costs of collection, including reasonable attorney fees. Invoices unpaid by their due date will accrue a late payment charge of 1.5% per month on the unpaid balance.
(e) If indebtedness remains unpaid for thirty (30) days after demand, AglaiaSense may exercise all rights of a secured party and refer Customer to collections.
6. TAXES
Unless otherwise agreed in writing, Customer shall be responsible for all applicable federal, state, and local sales, use, and excise taxes, and all other taxes and charges assessed in connection with sales made under this Agreement.
7. SHIPMENT
All shipments will be made ExWorks AglaiaSense's facility unless otherwise specified in the Order Confirmation. In the absence of specific instructions, AglaiaSense will select the carrier.
Title to goods passes to Customer upon delivery to the carrier. Transportation, handling, and insurance from the ExWorks point are at Customer's cost and risk. Goods held or stored for Customer are at Customer's risk and expense.
Claims for shortages must be made in writing within ten (10) days of receipt of shipment.
8. REFUND, CANCELLATION, AND RETURNS
Products once shipped cannot be cancelled. Customers may return Products within two (2) weeks of receipt of their order, subject to the conditions below.
Products with customized configurations (including fixed-focus lens assemblies) are not eligible for cancellation or return unless a defect attributable to AglaiaSense's manufacturing process is confirmed.
A refund, excluding shipping and handling fees, will be issued for Products returned within two (2) weeks of receipt. For returns initiated after this period, the following restocking fees apply based on time elapsed from Customer's receipt of the item:
- No restocking fee — within 2 weeks of receipt
- 20% restocking fee — after 2 weeks
- 25% restocking fee — after 1 month and before 3 months
- 50% restocking fee — after 3 months and before 6 months
- 75% restocking fee — after 6 months and before 12 months
- No credit granted — returns initiated after 12 months
Shipping and handling fees are non-refundable.
Credit Memos: Credit memos must be requested within 30 days of the purchase date. Only items under warranty are eligible. Returned items must be in original packaging, without signs of use, cosmetic damage, liquid damage, or physical damage, and must not have been activated.
Annual Service Subscriptions: Annual service fees are non-refundable once the service period has commenced. If a Customer terminates a subscription mid-term, no pro-rata refund will be issued unless otherwise agreed in writing.
9. WARRANTIES AND DISCLAIMER OF WARRANTIES
9.1 5-Year Limited Warranty
AglaiaSense warrants that its Products are free from defects in materials and workmanship under normal use for a period of five (5) years from the date of original purchase ("Warranty Period").
During the Warranty Period, AglaiaSense will, at its sole discretion, repair or replace any defective Product or component at no cost to the Customer, provided the Product has been properly installed, used, and maintained in accordance with the applicable product documentation.
This warranty applies only to the original purchaser and is non-transferable.
9.2 Exclusions and Limitations
This warranty does not cover:
- Normal wear and tear
- Cosmetic damage not affecting functionality
- Damage caused by misuse, accident, modification, or unauthorized repair
- Issues resulting from operation outside the specified environmental or electrical conditions
- Consumables such as batteries, cables, or mounting hardware (unless otherwise stated)
9.3 Warranty Claims and Support
To initiate a warranty claim, please contact AglaiaSense Customer Support with the following information:
- Proof of purchase (invoice or receipt)
- Product serial number
- Description of the issue (photos or videos, if applicable)
Contact: support@aglaiasense.com
9.4 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, AGLAIASENSE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AGLAIASENSE'S LIABILITY UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT AT AGLAIASENSE'S SOLE DISCRETION.
10. FORCE MAJEURE
AglaiaSense shall not be liable for any performance delays or failures caused by circumstances beyond its reasonable control, including without limitation pandemics, riots, strikes, war, terrorist acts, transportation or supply chain disruptions, natural disasters, fire, explosion, or currency fluctuations. If such circumstances persist for more than three (3) months, either party may terminate the Agreement without compensation.
11. TERMINATION
AglaiaSense reserves the right to decline or terminate any order without explanation and will refund the Customer promptly where applicable. AglaiaSense may terminate this Agreement immediately by written notice if Customer or anyone associated with the Customer has breached or is suspected of breaching applicable customs regulations or export control laws.
12. DATA PRIVACY AND PROTECTION
AglaiaSense is committed to protecting Customer data in accordance with applicable data protection laws. Personal data submitted through the Website, including the Contact Us form, is handled as described in Section 17. For detailed information, please refer to AglaiaSense's Privacy Policy at www.aglaiasense.com.
13. CURRENT POLICIES AND MODIFICATIONS
AglaiaSense reserves the right to modify these Terms and Conditions at any time, effective upon posting of an updated version to www.aglaiasense.com. Customer is responsible for reviewing the website for updates. Continued use of AglaiaSense Products, Services, or the Website following any posted modification constitutes acceptance of the updated Terms.
14. EXPORT CONTROL
AglaiaSense understands and complies with its obligations under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Export of certain vision and optical equipment is controlled by the U.S. Department of State and U.S. Department of Commerce.
It is unlawful to export, transfer, or sell any hardware, technical data, or services to any foreign person or entity for which a U.S. Government license or approval is required, without first obtaining such authorization. Customer is responsible for obtaining all required export licenses and ensuring compliance with applicable laws.
Sales or transfers to entities listed on the Specially Designated Nationals (SDN) List, Denied Persons List, or Embargoed Countries are strictly prohibited.
15. FAIR USE POLICY — CELLULAR CONNECTIVITY
This section governs the use of device connectivity services included with AglaiaSense Products.
15.1 Included Data Allowance
Each AglaiaSense device includes up to 1GB of cellular data per device per month ("Plan Allowance"), provided via a pre-installed SIM card and included in the annual service fee. The Plan Allowance may not be transferred between devices or carried over between billing periods. Any alternative data arrangements must be agreed upon in writing prior to order placement and will be specified in the Order Confirmation.
15.2 Intended Use
The Plan Allowance is intended to support normal device operation, including routine data transmission, remote monitoring, and cloud synchronization. Customers are expected to use cellular connectivity in a manner consistent with the intended use of the device.
15.3 Usage Warning Notification
When a device's monthly cellular usage reaches 80% of the Plan Allowance (approximately 800MB), AglaiaSense will send an automated written notification to the Customer's registered contact email ("Usage Warning").
The Usage Warning is provided as a courtesy to allow the Customer to manage usage before the Plan Allowance is exceeded. AglaiaSense does not guarantee the delivery or timing of Usage Warning notifications.
15.4 Excess Usage and Service Tier Adjustment
If a device's monthly usage exceeds the applicable Plan Allowance, the Customer acknowledges that:
(a) AglaiaSense will continue to provide cellular connectivity beyond the Standard Allowance without interruption ("Excess Usage");
(b) AglaiaSense will invoice the Customer monthly for any Excess Usage. Such invoices will be issued as a Service Tier Adjustment reflecting the additional service resources consumed. Customer agrees to pay all Service Tier Adjustment invoices within 30 days of the invoice date;
(c) Service Tier Adjustment fees are calculated based on the applicable regional service rate in effect at the time of usage. Current rates are available upon request and are subject to change with 30 days' written notice;
(d) Receipt of a Usage Warning does not obligate the Customer to reduce usage. Continued Excess Usage following a Usage Warning constitutes the Customer's acceptance of applicable Service Tier Adjustment charges.
15.5 No-SIM and BYOD Options
Customers who do not require AglaiaSense-provided cellular connectivity may elect the No-SIM plan at a reduced annual fee. Such Customers are solely responsible for providing, maintaining, and funding their own cellular connectivity. AglaiaSense does not guarantee device compatibility with third-party SIM cards. Certain features dependent on real-time connectivity may be unavailable under the No-SIM plan.
15.6 Plan Changes
Service plan elections are binding for the full annual term and may not be changed mid-term. Any changes to the applicable Plan Allowance take effect at the next annual renewal date.
15.7 No Guarantee of Connectivity
AglaiaSense does not guarantee uninterrupted cellular connectivity. Network availability depends on third-party carriers and is subject to geographic coverage, capacity, and local conditions beyond AglaiaSense's control.
PART B — WEBSITE TERMS OF USE
16. USE OF THE WEBSITE
The Website provides information about AglaiaSense, its Products and Services, and company news, and a way to contact AglaiaSense. If you do not agree to these Terms and Conditions, please do not use the Website.
The Website is intended for businesses and is not directed to children under 16 years of age.
Product descriptions, specifications, images, datasheets, and availability shown on the Website are for general information only and may change without notice. They do not constitute an offer to sell. An order becomes binding only when AglaiaSense sends an Order Confirmation, as described in Section 2.
Images, videos, and illustrations on the Website are for illustration only, and actual Products may differ in appearance or interface. Performance figures, such as detection accuracy, range, power consumption, and battery life, are based on specific test conditions; actual results depend on installation, environment, lighting, weather, network conditions, and configuration. Case studies and application examples are illustrative and do not guarantee that any Customer will achieve the same results.
When using the Website, you agree not to:
- use the Website for any unlawful purpose or in violation of these Terms and Conditions;
- attempt to gain unauthorized access to the Website or its systems, or interfere with or bypass its security features, including spam protection on the Contact Us form;
- introduce viruses, malware, or other harmful code;
- use bots, scrapers, or other automated means to access the Website, copy its content, or submit forms; or
- impersonate any person or company, or misrepresent your affiliation with any person or company.
17. CONTACT US SUBMISSIONS
17.1 Information You Provide
The Contact Us form asks for your name, business email address, company name, job title, and message. You may choose to include other information. By submitting the form, you confirm that the information is accurate, that you are authorized to submit it, and, if you include information about another person, that you have the right to share it.
17.2 How AglaiaSense Uses Your Submission
AglaiaSense uses the information you submit only to respond to your inquiry and for the security and legal purposes described in the Privacy Policy. Submissions are delivered by email to AglaiaSense through Web3Forms, a form-delivery service, and the form is protected from spam and automated abuse by Cloudflare Turnstile. AglaiaSense does not add your information to a mailing list or use it to send you marketing communications. How long AglaiaSense keeps your information, and your rights to access, correct, or delete it, are described in the Privacy Policy.
17.3 Do Not Send Confidential or Sensitive Information
Please do not include sensitive personal data (such as health information or government identification numbers), trade secrets, or other confidential information in a Contact Us submission. Submitting information through the Website does not create a confidentiality obligation. If you need to share confidential information, AglaiaSense will discuss a separate written non-disclosure agreement with you first.
17.4 No Order or Obligation
A Contact Us submission is not an order and does not create a contract or obligate AglaiaSense to respond, provide a quotation, or sell any Product or Service. Any information or quotation AglaiaSense provides in response is not binding until AglaiaSense issues an Order Confirmation.
17.5 Ideas and Suggestions
If you send AglaiaSense ideas, suggestions, or other feedback about its Products, Services, or the Website, AglaiaSense may use them without obligation or compensation to you.
17.6 Prohibited Submissions
You may not use the Contact Us form to send spam, advertising, unlawful, abusive, or misleading content, or links or attachments intended to cause harm. AglaiaSense may disregard any such submission.
18. INTELLECTUAL PROPERTY
The Website and its content, including text, images, videos, datasheets, logos, and product names, are owned by or licensed to AglaiaSense and are protected by intellectual property laws. You may view and download Website content for your internal evaluation of AglaiaSense Products and Services. You may not copy, modify, republish, or use Website content for any other purpose without AglaiaSense's prior written consent. "AglaiaSense" and the AglaiaSense logos are trademarks of AglaiaSense; nothing on the Website grants a license to use them.
19. THIRD-PARTY LINKS AND SERVICES
The Website may link to websites operated by third parties. AglaiaSense does not control and is not responsible for their content or practices, and a link does not imply endorsement. The Website relies on third-party service providers for hosting, security, and form delivery; their availability is outside AglaiaSense's control.
20. WEBSITE DISCLAIMER AND LIMITATION OF LIABILITY
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." AGLAIASENSE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ITS CONTENT IS COMPLETE OR CURRENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGLAIASENSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
This Section applies only to the Website. Warranties for Products purchased from AglaiaSense are governed by Section 9.
21. CONTACT INFORMATION
Questions about these Terms and Conditions may be sent to:
AglaiaSense, 910 Auburn Ct, Fremont, CA 94538, USA
Email: sales@aglaiasense.com
PART C — GENERAL PROVISIONS
22. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of the State of California, USA, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising out of or relating to these Terms and Conditions, the Products, the Services, or the Website shall be brought exclusively in the state or federal courts located in Alameda County, California, and each party consents to the jurisdiction of those courts.
23. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGLAIASENSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PRODUCTS, THE SERVICES, THE WEBSITE, OR THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AGLAIASENSE'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO AGLAIASENSE FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.
THESE LIMITATIONS DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR TO CUSTOMER'S PAYMENT OBLIGATIONS.
ACCEPTANCE
By submitting a Purchase Order, Customer agrees to AglaiaSense's Terms and Conditions of Sale. These Terms and Conditions take precedence over any supplemental or conflicting terms submitted by the Customer. By using the Website or submitting the Contact Us form, you agree to Parts B and C and Sections 12 and 13.
