Terms & Conditions of use

A) DEFINITIONS

For the purposes of these terms and conditions the following definitions apply:
  1. 1.
    Web: The set of web pages that make up the website published under the domain name Thinger.io and its subdomains.
  2. 2.
    User: Physical person that has provided personal information through any web form.
  3. 3.
    Thinger.io: INTERNET OF THINGER S.L.
  4. 4.
    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.
  5. 5.
    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.
  6. 6.
    Device or Object: Electronic device that has been made and programmed to collect, send and transmit information over the Internet.
  7. 7.
    Data source: Any other source of information whose data may be acquired by Thinger.io.
  8. 8.
    Cloud Platform: A set of Internet enabled resources managed by Thinger.io used to provide the service to the developers.

B) 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”):
  1. 1.
    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.
  2. 2.
    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.

C) 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]

D) CONTRACTUAL FRAMEWORK

  1. 1.
    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.
  2. 2.
    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.
  3. 3.
    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.

E) SERVICES

Thinger.io provides to the User a technological platform accessible via private area. In addition, Thinger.io will offer the following services to its customers from the moment a private instance is deployed:
  1. 1.
    Technical support: 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.
  2. 2.
    System updates: Thinger.io is a tool in constant growth, our developers are working to increase the integration and processing capabilities, as well as to maintain the correct functioning of the features and security protocols used in the software.
  3. 3.
    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.
  4. 4.
    Additional information request: Procedure for requesting specific information on the operation and processes carried out by Thinger.io shall be requested via e-mail to [email protected] by a client registered on the platform. Thinger.io reserves the right to accept this request and to bill the process as a professional consulting service. Likewise, the customer acquires a series of responsibilities that must be diligently fulfilled to guarantee the continuity of the relationship with the supplier:
  5. 5.
    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.
  6. 6.
    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 intellectual legal 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 conditions specified below.
  7. 7.
    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.

F) PAYMENT TERMS

  1. 1.
    By subscribing the service, the customer agrees to pay the recurring monthly fee for the use (“Service fee”). While using the Service you consent to pay by card or Paypal.
  2. 2.
    Customer's obligation to pay is non-cancellable while and for use of Service. Thinger.io's measurement of Customer's use of the Service is final.
  3. 3.
    Subscriptions to Thinger.io Platform service can be made on a monthly or yearly basis. The service will be charged at the same intervals according to the price indicated in our pricing list. The initial charge will be made at the time you create your private instance. subscription will automatically renew for additional period until terminated.
  4. 4.
    All Subscription Fees are non-refundable.
  5. 5.
    Taxes: Customer is responsible for any taxes, and the customer will pay for the Services without any reduction in taxes. If required, Thinger.io may provide the Certificate of Tax Residency to avoid double taxation.
  6. 6.
    Disputes: 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. Thinger.io 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.
  7. 7.
    Late payments: Delays on payment 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 thinger.io's invoice (or otherwise).

G) GENERAL

Relationship of Parties: Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any acts of the parties hereto shall be deemed to create the relationship between the parties hereto other than the relationship of seller and buyer.
  1. 1.
    Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the kingdom of Spain.
  2. 2.
    Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled exclusively by arbitration in Madrid, Spain in accordance with the Commercial Arbitration Rules of the Kingdom of Spain in effect, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  3. 3.
    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.
  4. 4.
    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 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.
  5. 5.
    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.
  6. 6.
    Auditing: Thinger.io agrees to perform external security auditing processes that allow the customer to ensure its requirements for data quality, availability and security. However, the costs arising from this process will be borne by the customer, likewise, Thinger.io reserves the right to pass on to the customer the internal costs incurred by the audit process.

H) PRODUCTS & SERVICES CREATED WITH THINGER.IO

  1. 1.
    Product Policy: The customer is solely responsible and liable for supporting his Products. Customer represents and warrants that his Products will not: (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any laws or regulations (including any privacy laws) or any obligations or restrictions imposed by any third party; (iii) be harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, or be otherwise objectionable; (iv) be harmful to minors in any way; (v) contain any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, text messages, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vii) offer or promote services that may be damaging to, disparaging of, or otherwise detrimental to Thinger.io or its licensors, licensees, affiliates and partners.
  2. 2.
    Refusal of Products. Thinger.io will have the right, in its sole discretion, to refuse to permit your use of the Thinger.io Platform with a particular Product.
  3. 3.
    Monitoring. You agree to provide us with access to Your Products and other materials related to your use of the Thinger.io Platform as reasonably requested by us to verify Your compliance with this Agreement.

I) DATA CONSIDERATIONS

  1. 1.
    Data: Will be considered as "data" all the information introduced in the server by the client for the development of its networks of devices and users, context and business information will be considered data. As well as data automatically uploaded to the platform by any of its IoT connectors.
  2. 2.
    Data Property: Ownership of all data stored or transmitted through the private instance belongs to the customer. The data will only be processed to the extent that the user programs the behavior of the platform. According to this ownership, the user can freely download, export or delete his data from the platform.
  3. 3.
    Data Security Commitment: Thinger.io maintains appropriate physical, administrative and technical security measures to protect data from unauthorized access, disclosure and loss. Best standards are used for this proposal such as PBKDF2. Notwithstanding any provision in this Agreement to the contrary, You agree that Thinger.io may use Service Data in connection with the development, maintenance, improvement and provision of any of Thinger.io's service offerings. Meaning with "Service Data" any non-personal operational data derived by or on behalf of Thinger.io based on the use of the Devices and Thinger.io Platform under Your Self-Service Account.
  4. 4.
    Security on communications: Communications between devices and IoT servers can be performed using TLS/SSL encryption protocols. The interaction of any consumer client with the server will use OAuth2 technology. Thinger is not responsible for loss or interception of data in transit over public or private networks.
  5. 5.
    Data Backups: Customer is the one responsible for creating backup copies of any of the data except when automatic backup rights are subscribed to, which will be performed at set periods on a daily or weekly basis.
  6. 6.
    Deletion of Data: Thinger.io will use reasonable efforts to delete your salted and hashed password, name, credit card information and all related information associated with or inside your Self-Service Account (or any part thereof), excluding data related to past transactions, upon the termination of this Agreement or upon Your request.

J) CONFIDENTIALITY

  1. 1.
    Every written and oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential.
  2. 2.
    Each Party agrees as follows: (i) to use the Confidential Information only for the purposes described herein; (ii) that such Party will not reproduce the Confidential Information and will hold in confidence and protect the Confidential Information from dissemination to, and use by, any third party; (iii) that, except as required in performance of a Party's obligations under this Agreement, neither Party will create any derivative work from Confidential Information disclosed to such Party by the other Party; (iv) to restrict access to the Confidential Information to such of its personnel, agents and consultants, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with the terms of this Agreement; and (v) to return or destroy all Confidential Information of the other Party in its possession upon termination or expiration of this Agreement. In the event of any unauthorized disclosure or loss of Confidential Information, the receiving Party will notify the disclosing Party as soon as possible.

K) DISCLAIMER

  1. 1.
    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.
  2. 2.
    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.
  3. 3.
    Thinger.io shall not be liable either specifically or implicitly of the adequacy of the Services provided to the real needs of the user.
  4. 4.
    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 Chamber of Commerce of Madrid city.