Terms & Conditions of use

Definitions:

For the purposes of these terms and conditions the following definitions apply:
  • Web: The set of web pages that make up the website published under the domain name Thinger.io and its sub domains.
  • User: Physical person that has provided personal information through any web form.
  • Thinger.io: THINK BIG LABS, S.L..
  • Private Area: Pages of the Web which access is limited to the Users. Through this Area Users access to services provided by Thinger.io which are regulated in the relevant Terms and Conditions of use and partially in the Legal Notice.
  • User, Developer or Customer: Companies or developers that subscribe to a Thinger.io platform license, either in one of its cloud or on-premise versions.
  • Device or Object: Electronic device that has been made and programmed to collect, send and transmit information over the Internet.
  • Data source: Any other source of information whose data may be acquired by Thinger.io.
  • Cloud Platform: A set of Internet enabled resources managed by Thinger.io used to provide the service to the developers.

Scope of application:

This document sets out the terms and conditions applicable to the services provided by Thinger.io through the Private Area and which have been requested and contracted by the User when signing in as a user of this area. By using the Platform, you acknowledge that you have read and accepted these Terms and Conditions (hereinafter, “T&C”). If one person is using the Platform on behalf of an organization, it is agreeing to these T&C and Privacy Policy on behalf of that organization, and therefore, the user agrees to have the authority to bind the organization to these T&Cs. If the organization does not agree, or does not want to be bound by these T&Cs and its Privacy Policy, it should not continue to use the Platform. We recommend that you print a copy of these T&C for future reference.

Who we are and how to contact us:

The Thinger.io Platform (hereinafter, “the Platform”) is owned and managed by INTERNET OF THINGER, S.L. (hereinafter, We or “Thinger.io”). Thinger.io is registered in Spain under company number B-88230602, with registered office in C/ Matorral , 14, 28411, Moralzarzal, Madrid. The company is registered with the Commercial Registry of Madrid in volume 61, book 38329, page M-681979. You can contact us through the following email address: [email protected]

Contractual framework:

The contractual framework that establishes the parties rights and obligations is the following:All these documents are published on the Web and in the Private Area and must be expressly accepted by the User at the time of the creation of his user account. Any subsequent amendments to these documents shall be notified to the User. Upon such notification, if the User continues to use the services, Thinger.io shall understand that he accepts such amendments and the new documents will replace the previous ones. In case of conflict or inconsistency between these documents the following order of priority is established:The User, by accepting these Terms and Conditions of use, warrants he has enough capacity to do so and, therefore, to engage the services.

Services:

Thinger.io provides to the User a technological platform accessible via the Private Area that includes the following services:Thinger.io shall begin providing the services described above from the moment the User completes the registration form, accepts these Terms and Conditions of use and submits the information to Thinger.io by clicking on the button for such purpose. User obligations related to Cloud Platform By accepting the Terms and Conditions of use and by using the Developer Console, the User undertakes to:If during the service usage, Thinger.io detects the existence of malicious software, Thinger.io shall suspend the User's account. Such suspension shall be subject to the conditions of User Suspension clause. Limitations on the use and on the content of the services Your compliance with any and all applicable laws and regulations is a condition of your access to and use of the Service. You agree that you will not engage in fraudulent or deceptive practices and will not provide products and services to SDNs from the above mentioned sanctions list, terrorists, extremists and all other intellectualegal or semi-legal entities, when using the Service.Regarding the contents of other Users to which the User gets access, he shall only use and disseminate such content under the following conditions: Any use of this content requires to identify the author Modification of this content is not allowed to create a derivative work. Neither the content published by User, nor the contents to which he could link will be reviewed by Thinger.io. However, in the event that any User would denounce those contents or Thinger.io would detect they violate these Terms and Conditions of use, Thinger.io shall proceed in accordance with the provisions for the Suspension of Users. Regarding all of the Services, the User agrees to :When a User detects any violation of the requirements of this section may notify Thinger.io according to the Notification or Complaint Procedure. Notification or Complaint Procedure To report or complain about any event, the User must notify Thinger.io via e-mail to [email protected] In the e-mail the User must clearly include a description of the fact denounced or notified. In case of a complaint, the User must also include all documentation or information required to identify the complainant, the respondent and the object of the complaint and which shall prove the infringement allegedly committed. Technical support The fact that Thinger.io facilitates the Technical Support Service to the Users does not imply that Thinger.io provides maintenance services for the downloaded Apps like standalone servers or libraries. That Technical Support Service can be subscribed during the service contract or later by using the subscription administration portal. This service provides support services to Users only with respect to the use of the Private Area and do not includes support to any other third party service integrated with the platform.

Payment terms

By accessing the Service you agree to pay the recurring monthly fee for the use (“Service fee”). While using the Service you consent to pay by card. Pursuant to your use, an automatic charging provided by Stripe for the subsequent billing period is done. Prior to charging, you will receive a few email notifications stating the upcoming Service fee invoice. On a due date you will receive the corresponding electronic invoice and INTERNET OF THINGER S.L. will automatically charge the service fee. Customer's obligation to pay all fees is non-cancellable while and for use of Service. Thinger.io's measurement of Customer's use of the Service is final. Customer is responsible for any taxes, and Customer will pay for the Services without any reduction for taxes. If required ThingsBoard, Inc. may provide the Certificate of Tax Residency to avoid the double taxation. Any invoice disputes must be submitted before the payment due date. If the disputed invoice has not yet been paid, Thinger.io may apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Service fee unless claimed within 60 (sixty) days after the invoice date. ThingsBoard, Inc. does not refund the Service fee. Refunds (if any) are at our discretion and will only be in the form of credit for the Service. Nothing in this Agreement obligates Thinger.io, Inc. to extend credit to any party. Late payments will cause the customer account suspension and further termination for breach of this Agreement. Unless otherwise agreed with the Customer, all applicable Service fees should be paid without any requirement to provide a purchase order number on ThingsBoard's invoice (or otherwise).

Suspension of Users

Thinger.io reserves the right to suspend the service:Thinger.io shall study the notification received from a third party, conducting checks it deems appropriate. The suspension shall last from receipt of the notification until Thinger.io has determined the veracity of the statements made by a User. In the event that Thinger.io concluded that allegations made by a User with respect to another are truthful, it will terminate the User's account. Otherwise, the suspension will be canceled. While the suspension is taking place, all the information regarding the User shall be blocked, not being accessed by any other User.

Termination of Service

The Terms and Conditions of use may be terminated when: When the Services are terminated, Thinger.io shall delete all the information related to the User, the configurations and The IoT data. It will not be possible to retrieve any information. However, Thinger.io shall send an email to the account of the User which will include a link through which the User may access his information and he may copy it. During the term of the provision of the Services, at any time, the customer may download the information managed through the Development Console. Termination of the provision of the Services does not entitle customers to be indemnified. Force Majeure No party shall be liable for failure or defective performance or delay of its obligations under these Terms and Conditions of use if such failure or defective performance or delay stems from events that could not be foreseen, or which, foreseen, were inevitable, such as cases of force majeure such as natural disasters, war, siege, disturbances of public order, power outage or failure on the electronic communications service, or any other exceptional measure taken by the administrative authorities or government. The occurrence of an event of force majeure or fortuitous event entails the suspension of the Services until the restoration of normalcy.

Disclaimer

Thinger.io declines any responsibility for the User damages that may arise as a result of his use of the Private Area, unless they are directly attributable to Thinger.io, expressly excluding any liability arising from acts or omissions of Users, Developers or third parties such as providers of electronic communications services, hosting, etc. . Also, except in the case of liability arising from malice, Thinger.io shall not be liable in any way for any indirect damages such as lost profits, loss of business, expectations, income or profit, loss of data or programs. Thinger.io shall not be liable either specifically or implicitly of the adequacy of the Services provided to the real needs of the user. Thinger.io does not assume any liability that may arise from:Governing Law and Jurisdiction These Terms and Conditions of use will be governed by Spanish law. Users, Developers and Thinger.io, expressly waiving their own jurisdiction to the extent that applicable law so permits, submit all interpretations or conflicts that could arise from these Terms and Conditions of use to the Courts of Madrid city.ç

Language

These Terms and Conditions of use are written in English and Spanish. The Spanish version is the authentic one. Register of the content of the Terms and Conditions of use Thinger.io will record all the versions of the Terms and Conditions of use. Last amendment : 11th December 2021
Last modified 8d ago