Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms. In case of any doubt for the terms of the Agreement, please contact IoTfy. You are not allowed to use the service before you have read and accepted all terms of the Agreement. Once you signup, or use any of the applications or service or platform provided by IoTfy in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, IoTfy has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as "the Agreement") is signed by you and IoTfy Solutions Private Limited (hereinafter referred to as "IoTfy"). It includes (but not limited to) IoTfy's Privacy Policy and other contents. In case of change, IoTfy will announce such change on its official website without further notification. Upon announcement, the changed agreement and rules become a part to the Agreement automatically, without further notification to you for your consent. In case of objection to such relevant changes, stop using IoTfy's service; if you keep using it, it will deemed as that you hold no objections against the changed rules and agree to abide by them.
I. Definitions of Terms
1.1 Licensed software refers to software system developed by IoTfy
1.2 Services refer to services provided for you by IoTfy. You can use such services on the computer or mobile phone or any processing device with the licensed software.
II. Service
2.1 IoTfy offers you Internet of Things (IoT) and Smart Home Device services, based on various software provided by IoTfy such as and not limited to iACE IoT Cloud Platform, iota Device OS, and other Licensed software.
III. Scope of Service
3.1 IoTfy grants you with the right to use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for other commercial purpose.
3.3 You acknowledge that the licensed software can only be used for non-commercial purpose and commercial installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from IoTfy shall be obtained.
3.4 IoTfy may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, you are entitled to the corresponding functions and services, which is also subject to the Agreement.
3.5 You shall be responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which you obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such information.
IV. A Third Party
4.1 Some of the services provided by IoTfy are based on services and software provided by a third party.
4.2 Some of the software provided by IoTfy include software libraries provided by a third party.
V. Service Application Standard
5.1 You shall use the licensed software in a normal manner. The following ways are in breach of the application standard:
1) Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way, causing over load to the server, or interfere with or damage web server and network links in other forms.
4) Attempt to visit server data or communication data of the product without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) IoTfy will determine whether or not you are involved in violation of standards above, and suspend or terminate your application license according to determination results or take other restrictions according to agreements.
2) Collect information or data of other users without authorization, for example, email address and the like;
3) IoTfy will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Agreement issued by you when using the licensed software.
4) If a third party suffers from damage due to your breach of application standards, you shall independently bear legal responsibility in your name, and protect and indemnify IoTfy from losses or additional expenses generated therefrom. Otherwise, IoTfy has the right to claim compensation.
5) If IoTfy suffers from any loss due to your breach of relevant laws or the Agreement, you shall compensate IoTfy for losses and (or) expenses generated therefrom.
VI. Private Policy and Data
6.1 It is crucial for IoTfy to protect your personal information as per the Privacy Policy available at https://iotfy.com/privacy-policy , in which contents related to ownership and protection of intellectual property, collection, use, share, storage and protection, etc. of your information are disclosed.
VII. Exception Clauses
7.1 Unless otherwise specified in laws and regulations, IoTfy will do its best to ensure the security, validity, accuracy and reliability of the licensed software and technologies and information involved, but IoTfy is unable to guarantee the same due to restriction by available technologies nowadays.
7.2 You understand that IoTfy will not assume responsibility for direct or indirect losses caused by force majeure and default of a third party.
7.3 You have been informed of that the usage of IoTfy software and services require Internet service, which may be affected by speed of the Internet and stability of the Internet connection. Although IoTfy has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to bear foregoing risks and agree that IoTfy is free from any responsibility when normal running of services are influenced by the occurrence of foregoing risks.
VIII. Governing Laws and Severability
8.1 This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising in relation to this Agreement that the Parties are unable to settle amicably, shall be settled under Delhi Jurisdiction.