Terms and Conditions

Please take the time to read these Terms and Conditions ("Terms", "Terms and Conditions"), our Privacy Policy, and other written policies that we have made available to you, before using the www.sodasense.ca website, including products purchased from or through the website (the "Service") operated in Canada by CO2 Exchange LLC (“CO2 Exchange,” “SODA SENSE®”, "us", "we", or "our"). We sometimes refer to these policies, collectively, as our “Agreement” with you.

Our Agreement (including these Terms) is a legally binding contract that governs how you access, use, and interact with our Service. Because it is binding, and can affect your legal rights, it’s important that you read the entire Agreement. We may update these Terms and any other part of our Agreement, from time to time. The most current versions will be available on our homepages at www.sodasense.com and will govern our relationship with you. Please check these pages frequently to make sure that you stay up to date on any changes.

We reserve the right to change these Terms by posting an updated version on our homepage, so you should review the latest version each time you interact with our Service. When you access, use, or interact with our Service, you agree to be bound by the current version of these Terms and the rest of the Agreement. If you don’t agree, please don’t access, use, or interact with our Service.

It’s important to us that you understand these Terms and the rest of our Agreement. If you have questions, feel free to reach out by using the Contact Us methods available on our website or by calling 833-262-7927.

1. Acceptance

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Note that some communications that are essential for the Service will still be sent, even if you opt-out.

3. Accounts

When you create an account with us and become a SodaSense® Exchange Member, you guarantee that you are above the age of 18 and that the information you provide us is accurate, co If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your CVV code, your billing address for credit card use purposes, and your shipping information.

You represent and warrant that: (i) you have the legal right to use the credit card(s) or other payment method(s) that you use in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for any reasons, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, non-acceptance of your credit card, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

mplete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

4. Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your CVV code, your billing address for credit card use purposes, and your shipping information.

You represent and warrant that: (i) you have the legal right to use the credit card(s) or other payment method(s) that you use in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for any reasons, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, non-acceptance of your credit card, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

5. CO2 Gas Exchange Process

5.1 Becoming an exchange member

Upon making your first purchase at Soda Sense, you become a Soda Sense Exchange Member, WELCOME! With this first order, you are automatically signed up as an Exchange Member and have an account so we can continue to make exchanges available to you. No membership or subscription fees are required.

5.2 CAUTION and the life ring

Each exchange box contains the correct regulatory shipment labels for 14.5oz, 60L CO2 canisters only. To avoid additional charges, do not mail back exchanges in any other box. To avoid purchasing an extra box, save each box to use for future exchanges. If you discard the box or need a new one, provided you do not request a new one too often, we will send you a new one at no cost to you. In the event you abuse this courtesy, we reserve the right to charge you for our costs to provide the new exchange box to you.

5.3 Charging your "first-time" purchase or life ring

Upon completing your first order or the Life ring, you thereby authorize us to charge your identified payment method the then current amount for that option for canister(s) and/or exchange box and label.

5.4 Steps to follow to exchange empty canisters

Our exchange process requires you to send two (2) empty 14.5oz, 60L CO2 commercially available canisters from any manufacturer.

Each exchange must be sent to us via Canada Post in our exchange box which holds exactly two (2) 14.5oz, 60L CO2 canisters. Save the exchange box, prepaid Canada Post label, and plastic canister caps sent with every order to use for future exchanges. Additional exchange-boxes or Canada Post labels can be provided at your cost if the exchange box is not saved (see option 5.2 above).

Before placing empty canisters in the exchange box, verify each of the two (2) 14.5oz, 60L CO2 canisters are empty by: (i) fully using them as prescribed by your soda machine manufacturer and then (ii) after removing the empty canister from your soda machine, depressing the center point with a spoon to allow any remaining CO2 to safely escape.  CAUTION: in doing step (ii), be in a large room or other open space and depress the center point slightly to allow gas to escape slowly and safely and only do this for up to ten (10) seconds. If gas remains after ten (10) seconds, contact Soda Sense before trying to return the canister.

Seal each canister valve using the provided plastic cap. Next, place the provided Canada Post return label over the existing label on the exchange box. Seal the box with tape and place in any Canada Post mailbox, including your home mailbox.

NOTE: Exchanges that are sent to us with only one (1) canister may be subject to significant additional charges.

5.5 Charging your for exchanges

Once the box of exchange canisters is received and scanned into our system, you hereby authorize us to charge your on-file payment method at the current rate for the desired exchange shipment of refilled CO2 canister(s) plus shipping.

6. Content

Occasionally, our Service allows you to post, link, store, share, and otherwise make available information and content. This may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections, or similar communications facilities. When we refer to “Content,” we mean any materials and communications, including but not limited to photos, text, graphics, audio, video, location information, comments, reviews, and other content that you provide, submit, distribute, transmit, or post to Us through, without limitation, social media and third-party sites (including, without limitation, Instagram, X, and Meta), as well as third-party store fronts (including, without limitation, Amazon). You are responsible for the Content that you post on or through the Service, including Its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, personality rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) that you waive your moral rights in the Content you post. We reserve the right to terminate the account of anyone found to be infringing on a copyright or any of these other rights.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us a perpetual, non-revocable, royalty-free, right and licencce to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service and on and through other media that we may choose. You agree that this licence includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

CO2 Exchange LLC has the right but not the obligation to monitor and edit all Content provided by users. We are not responsible if another person’s Content offends you or breaches any duty that person may have toward you.

In addition, Content found on or through this Service is the property of CO2 Exchange LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

7. Copyright Policy & Notification Guidelines

We respect the intellectual property rights of others. If you believe that your work has been copied on our Service in a way that constitutes copyright infringement, please let us know in accordance with the instructions below so that we can respond expeditiously (your “CA Copyright Notice”). Your CA Copyright Notice should include the information, below. We might also for additional information before we remove any allegedly infringing material.

- A description of the copyrighted work or other intellectual property that you believe has been infringed;

- A description of where that material is located on our Service;

- Your address, telephone number, and email address;

- A statement that you believe, in good faith, that the use is not authorized by the copyright owner, its agent, or the law;

- Your promise, made under penalty of perjury, that that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;

- An electronic or physical signature of the person authorized to act with regard to the intellectual property.

If we remove or disable access to content you provide, pursuant to a valid CA Copyright notice, we’ll notify you and you may provide us with a counter-notification, in writing, to our designated Copyright Agent. Your counter-notification must include all of the following information: your name, address, phone number, and signature; identification of subject material; the location at which the material had appeared; a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and, your consent to the jurisdiction in the judicial district where your physically located, or if that is outside of the United States, for any judicial district in which we are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Our designated Copyright Agent can be contacted via email at customerservice@sodasense.com.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

8. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of CO2 Exchange LLC and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of both Canada and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CO2 Exchange LLC.

Unless otherwise specified in these Terms, we are the sole owners of all information displayed on the Service. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Our name, the terms and all related names, logos, product and service names, designs and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on our Service are the trademarks of their respective owners.

Don’t access any our Service for a commercial purpose; modify or modify copies of any material on our Service; or, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on our Service. Any use of the Service not expressly permitted by these Terms is a breach of these Terms. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Service in breach of these Terms, we may terminate your access to our Service and require you to return or destroy any copies of the materials you have made.

9. Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by CO2 Exchange LLC.

When you access a third-party link through our Service, you may be providing your information to that third party. The third party’s policies will control how it will use, store, or disclose the information you provide. As such we strongly advise you read the policies of any third party website or service that you visit. We have no control over the contents of third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We don’t vouch for the truthfulness, accuracy, quality or completeness of the content, links displayed and/or any other activities conducted on or through such third-party sites. We also don’t warrant that such sites or content are free from claims of copyright or other infringement or that such sites or content are devoid of viruses or other malicious code. The links may not function properly, and we make no warranties or promises that any link will bring you to the site you intended. You are responsible for confirming the identity and authenticity of any website you visit online. If you decide to access any of the third-party websites linked to our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

YOU AGREE THAT CO2 EXCHANGE LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

10. Termination

You’re free to stop using our Service at any time. If you wish to terminate your account, you may simply discontinue using the Service.

We reserve the right to suspend or terminate your access to our Service if we decide, in our sole discretion, that: (a) you’re in breach of these Terms; (b) your use of the Service would cause a risk of harm or loss to us or other users; or, (c) you haven't accessed our Service for twenty-four (24) consecutive months. As part of using our Service, you acknowledge and agree that we have no liability or obligation to you in such event and that you will not be entitled to a refund or compensation to the fullest extent permitted by applicable law.

We will not provide notice before termination where you’re in material breach of these Terms, doing so would cause us legal liability or compromise our ability to provide the Service to our other users, or we're prohibited from doing so by law.

11. Indemnification

You agree to defend, indemnify and hold harmless CO2 Exchange LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) items you purchase through the Service, b) your breach of these Terms, c) Content posted on the Service, or d) any violation of the law. We reserve the right to handle our defense however we see fit, including but not limited to our choice of counsel, even if you are indemnifying us, and you agree to cooperate with us in full.

12. Limitation Of Liability

We don’t limit or exclude our liability where that would be illegal. For example, some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.

IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, IN NO EVENT SHALL CO2 EXCHANGE LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND/OR TO ANY THIRD PARTY TO $100 US.

13. Disclaimers

Availability, Errors, and Inaccuracies. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY/MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF DEALING.

CO2 EXCHANGE LLC ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE SERVICE. CO2 EXCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY, FUNCTIONALITY OF OUR DIGITAL PLATFORMS, OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM RESPONSIBILITY FOR ANY SORT OF CLAIM, LIABILITY, OR DAMAGE RELATED TO ERRORS IN OR OMISSIONS IN OUR SERVICE, THE UNAVAILABILITY OF OUR SERVICE, OR YOUR USE OF OUR SERVICE.



YOU AGREE THAT THE PRODUCTS YOU RECEIVE MAY VARY FROM THOSE DISPLAYED ON THE SERVICE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE DIGITAL SERVICE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME YOU PLACE AN ORDER.



Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

14. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

15. Dispute Resolution

Any controversy or claim arising out of or relating to any websites, the Services, these Terms, any applicable Additional Terms, and the Privacy Policy, or the breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Terms, will be settled by the Manitoba Court of King’s Bench in Winnipeg, Manitoba.. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms. All proceedings will be conducted in English. EACH PARTY WAIVES ANY CLAIM OF INCONVENIENT FORUM. NEITHER PARTY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS RELATED TO ANY WEBSITES, THESE TERMS, ANY ADDITIONAL TERMS, OR THE PRIVACY POLICY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.

You and CO2 Exchange LLC also agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.

16. Governing Law and Enforcement

These Terms shall be governed and construed in accordance with the laws of Manitoba, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service and incorporated terms, and supersede and replace any prior agreements we might have had between us regarding the Service.

17. International Use

CO2 Exchange is based in Wisconsin in the United States. We provide our Service for use only by persons located in the United States and Canada, and make no claims that they or any of their content is accessible or appropriate outside of the United States or Canada. Access to the Service may not be legal by certain persons or in certain countries; and, if you access them from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.

The parties hereto have expressly required that these Terms, our Agreement with you, and all documents and notices relating thereto be drafted in the English language.

18. Miscellaneous

Entire Agreement

The Agreement (which includes these Terms, our Privacy Policy, and other written terms and policies, as applicable) is the entire agreement between You and CO2 Exchange with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability

If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these Terms, our Privacy Policy, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

Waiver

If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.

Contact Us

If you have any questions about these Terms, please contact us:

By phone number: 833-262-7927

By emailing us at: customerservice@sodasense.com