Terms of service


Thank you for visiting Sanworks.io. By using this "website" (all pages and resources hosted on our domain and its subdomains) and its products and services, you agree to the terms and conditions described below. Please pay special attention to the sections detailing the permissions of open source hardware and software, as there can be legal consequences for their misuse. Please also give special consideration to the sections detailing our non-liability for damages.

Open source hardware

Sanworks circuit board, enclosure and other mechanical design files are free and open source according to the terms of GNU General Public License 3.0, and published in compliance with OSHW Definition 1.0. You are encouraged to read the license in its entirety, and to ensure that you understand its permissions and limitations. Importantly, you are allowed to improve and adapt Sanworks designs for private, research or even commercial use PROVIDED THAT YOUR DERIVATIVE WORKS REMAIN OPEN SOURCE AS PER THE TERMS OF GNU GPL v3.0. This requires that you make documentation, CAD design files and firmware FREELY AVAILABLE. You are also required to attribute Sanworks in a notice published with your derivative design files. Sanworks provides its designs as a public resource, intended to accelerate the pace of Neuroscience research. Violators of these terms impede our research field, should be ashamed of themselves, and will be subject to appropriate legal action.

Open source software

Sanworks firmware and software are free and open source according to the terms of GNU General Public License 3.0. You are encouraged to read the definition in its entirety, and to ensure that you understand its permissions and limitations. Sanworks software may be copied and redistributed for private, research or commercial use PROVIDED THAT YOUR DERIVATIVE WORKS REMAIN OPEN SOURCE AS PER THE TERMS OF GNU GPL v3.0. This requires you to make the software and source code freely available, and to release documentation. You are required to attribute Sanworks in a written notice distributed with the software.

No Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SANWORKS, AND ITS SUPPLIERS, SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND ARISING IN ANY WAY OUT OF USE OF THE PRODUCTS AND WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR DATA, OR COSTS OF REPLACEMENT GOODS, EVEN IF SANWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.

Liability Disclaimers

Sanworks LLC does not approve or recommend the use of our products or resources in critical life-support or medical systems, or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury or death is likely to occur. If you do, you absolve Sanworks LLC and its suppliers of all damages, costs, and expenses that may be incurred, including without limitation, attorney fees and costs related to any lawsuit or threatened lawsuit arising out of the use of our products in unauthorized applications.

Your use of our website, products and services is at your risk. The information, materials and services provided on or through the website are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Sanworks LLC does not warrant the accuracy or completeness of the information, materials or services provided on this website. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

Before you use our products in experiments with valuable data collection, we recommend you conduct an expert review our open source software and hardware designs, to ensure that the risk of design failure is acceptable to you in your intended application. By using our products, you agree that Sanworks LLC shall not be liable to you for any damages, costs or legal expenses incurred by you due to loss of data, as a result of failure or malfunction of our products.

Indemnification

You shall protect, defend, indemnify and hold harmless Sanworks LLC from any fines, damages, costs, losses, liabilities, fees, penalties, claims and expenses (including legal fees and expenses) incurred by Sanworks LLC as a result of your own failure, or the failure of your agents, officers, directors or employees to comply with this Section.

Choice of law / jurisdiction

These terms of service supersede any other agreement between you and Sanworks LLC to the extent necessary to resolve any inconsistency or ambiguity between them. These terms of service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the website will be brought only in the courts of the State of New York or the United States District Court for the Southern District of New York. A printed version of these terms of service will be admissible in judicial and administrative proceedings based upon or relating to these terms of service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Third-party links

For customer convenience, the Sanworks website provides links to websites that are operated by third parties. When you use these links, you will leave the website. Sanworks assumes no liability for damages due to the content of these websites. Customers are advised to view each link before clicking, and follow them at their own risk.

Copyrights and Trademarks

"Pulse Pal" is a trademark owned by Sanworks LLC. All rights to this trademark are reserved. The contents of Sanworks.io are copyrighted.

Privacy

To create an account on the Sanworks website, you must provide an Email address and password. Further personal information may be collected including billing and shipping addresses, and records of customer orders. We do not store your password or financial information on our servers, with the exception of your billing address. Credit card transactions are processed securely through our corporate account with Stripe. We will never share your email, physical address or website activity with third parties. In order to combat website abuse, we retain a secure log of your ip address when you create an account, log in, post comments or make purchases.

Shipping and Return policy

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on our website and with US law. You are responsible for contacting us to initiate any claim for damaged and/or lost shipments. If your shipment is found to be damaged on arrival, you have the option to exchange the product or to receive a refund for your purchase. Customers are responsible for reading online documentation prior to use of our products. Damage caused by customer misuse is not refundable. To receive a refund, you must contact us within 30 business days with a description of the damage. Sanworks will pay for return shipping of damaged items, when we deem Sanworks the responsible party.

Backorder policy

Some products that are out of stock can be backordered. This will secure your place in cue when the product becomes available again. Sanworks provides an estimate of the time it will take to ship each backordered product, but does not guarantee a specific ship date. Payment for backordered items is processed on checkout, and backordered items are subject to the Sanworks return policy. You can get a complete refund, including shipping, at any time until the product is shipped. Shipment for orders that contain in-stock and backordered items will be delayed by default, until the backordered items become available. To request early shipment of the non-backordered portion of an order, please contact sales@sanworks.io.

International orders

You are responsible for any additional import tarrifs and fees imposed by your country. Sanworks will not falsify customs forms, and will not misrepresent your order as a gift, or falsely report its value. Sanworks LLC does not do business with entities in, or who intend to reexport any product to, a country embargoed by the government of the United States. Currently, the only countries we do not ship to are Cuba, Iran, North Korea, Sudan, and Syria. You are responsible for ensuring no product purchased from Sanworks LLC is transported through or to one of those countries.

Termination

You may terminate your Sanworks account at any time from your Account home page. Sanworks will retain private records of your purchases, posts and other activity on the Sanworks website.

Revision of these terms

These terms of service may be revised at any time and from time to time, by updating this posting. You should visit this page periodically to review the then current terms of service because they are binding on you.