IoTmate Customer Agreement
ANY PERSON OR ENTITY (‘User’) THAT USES THE COMBAIN IOTMATE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS (the ‘Agreement’):
1. Licensed Uses and Restrictions
IoTmate is owned by Combain and is licensed to User on a non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the IoTmate and all updates or revisions. All rights not expressly granted to User are reserved by Combain.
1.2 User shall not:
1.2.1 Use IoTmate for any application that constitutes, promotes or is used in connection with spyware, adware, or other malicious programs or code.
1.2.2 Use IoTmate in any manner or for any purpose that violates any law or regulation, or any right of any person; including but not limited to intellectual property rights, rights of privacy, or rights of personality.
1.2.3 Use IoTmate in a manner that adversely impacts the stability of IoTmate servers or adversely impacts the behavior of other applications using the IoTmate.
1.2.4 Keep a copy of the IoTmate data received. However, to reduce the number of requests when a user submits same cell many times, a copy of received cell location information is allowed to be cashed locally by User for maximum seven (7) days.
1.2.5 Sell, lease, or sub-license the IoTmate.
2. Description of Service
IoTmate is a cloud service that run Internet of Things solutions. User can operate an IoT network based on LoRaWAN technology. LoRa technology is available for everybody. No single-source or vendor lock in. LoRa WAN protocol is governed by industry association LoRa Alliance, no proprietary standard. IoTmate is easy to use is hosted by Combain.
3. Term, Termination and Suspension
This agreement will commence once User agree to the IoTmate terms- The agreement will remain in effect until terminated by User or Combain in accordance with the terms.
3.1 We may immediately and without prior notice to User, suspend User’s access to the IoTmate, or terminate this agreement in its entirety (and, accordingly, User’s right to use all services), for any of the causes below:
User fail to obey the licensed uses and restrictions clause above or use the IoTmate in a way that disrupts or threatens the service. User are in default of User’s payment obligations
Combain receives notice or otherwise determines, at our sole discretion, that User may be using the IoTmate for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party
Combain determines, at our sole discretion, that our provision to User of IoTmate is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.
Upon termination of this agreement for any reason: (i) User remain liable for all any obligations User have incurred through the date of termination; (ii) all of User’s rights under this agreement shall immediately terminate.
4. Ownership and Relationship of Parties
Combain owns all rights, title, and interest in and to IoTmate. These terms grant User no right, title, or interest in any intellectual property owned or licensed by Combain, including (but not limited to) IoTmate. User agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.
Combain provides support for IoTmate. Any integration with User’s systems remains User’s responsibility. Combain will endeavor to address service interruptions in a timely manner. Combain shall use commercially reasonable efforts to provide email support to users. Email support means the ability to make requests for technical support assistance by email at any time concerning the use of the services.
6. Fees and Payments
Iotmate is currently in its beta version and hence its free for use.
7. Disclaimer of Any Warranty
COMBAIN DOES NOT REPRESENT OR WARRANT THAT IOTMATE IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. IOTMATE IS PROVIDED ‘AS IS’ WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND COMBAIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. USER’S USE OF IOTMATE IS AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF IOTMATE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA
8. Limitation of Liability
COMBAIN SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF IOTMATE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT COMBAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL COMBAIN’S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY USER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Release and Waiver
To the maximum extent permitted by applicable law, User hereby release and waive all claims against Combain, and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to User?s use of the IoTmate. In addition, User expressly waive and relinquish any and all rights and benefits which User may have under any law principle of similar effect, to the fullest extent permitted by law.
10. Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, User agree to hold harmless and indemnify Combain and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to User’s use of IoTmate, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. Combain shall use good faith efforts to provide User with written notice of such claim, suit or action.
11. General Terms
11.3 This Agreement or any issues arising out of or in connection with this Agreement shall be governed by and construed in accordance with the substantive laws of Sweden. Any disputes, controversy or claim shall be handled by the District Court in Lund. Prior to any initiation of legal actions, the parties shall jointly engage in trying to find a mutual agreement, without initiating legal actions.