By using the SensMitWeb.com web site (“Service”), or any services of SensMit Web Services, a division of Otacon Systems Ltd., you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If SensMit Web Services makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: SensMitWebCo.com. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. SensMit Web Services cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- If you elect to have your data duplicated via an API or if you authorize another person or entity to access your account, then SensMit Web Services cannot and will not be liable for any loss or damage resulting from such actions.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. API Terms
If you choose to make use one or more supported API’s (Application Program Interfaces) then any use of an API, including use of such provided through a third-party product that accesses SensMitWeb.com, is bound by these Terms of Service plus the following specific terms:
- You expressly understand and agree that SensMit Web Services shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SensMit Web Services has been advised of the possibility of such damages), resulting from your use of an API or third-party products that access data via an API.
- Abuse or excessively frequent requests to SensMit Web Services via the API may result in the temporary or permanent suspension of your account’s access to the API. SensMit Web Services, in its sole discretion, will determine abuse or excessive usage of the API. SensMit Web Services will make a reasonable attempt via email to warn the account owner prior to suspension.
- SensMit Web Services reserves the right at any time to modify or discontinue, temporarily or permanently, your API feed (or any part thereof) to a third party with or without notice.
C. Payment, Refunds, Upgrading and Downgrading Terms
- Service charges comprise a fixed monthly Base fee per registered Base ID, plus a fee per reporting SensMit node per month. SensMitWeb automatically recognizes the number of SensMit nodes reporting each month. The application combines the two payments and bills your credit card account accordingly. Rates are provided on the Subscriptions page of the SensMitWeb.com site.
- All subscribers must enter a valid credit card. During the 30-day trial period, a credit card is not required.
- If a credit card is refused you will be notified by email, and will have two weeks to re-register the card or provide a new card. Your subscription will be terminated after a further two-week grace period, and all your data will become unavailable. A CSV download of all your data is enabled generally and also during the four week period after your card is refused.
- An upgrade to any paying plan will automatically commence billings to you at the end of the first billing period (month) for the Base fee, plus the rate per SensMit node during that period, and by applying for the upgrade you agree to be billed for Services provided.
- The Service is billed monthly based on the date of your subscription and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All payments by credit card that result in a denial of charges, are subject to a 15% finance charge, and if not paid within 15 days are subject to disconnection of services. A $95.00 CAD reinstatement fee will apply.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for determination and payment of all such taxes, levies, or duties as applicable in your own jurisdiction(s).
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. SensMit Web Services does not accept any liability for such loss.
D. Wireless Services Supplied Via Cell Modem
- Sensor Data is encrypted at the moment it is collected by SensMit, and is decrypted only once it has entered the SensMit Web Services site (or during in-field viewing using the SensMit logger device). While we have made every reasonable effort to ensure the security of your data, data transmitted wirelessly is susceptible to interception. You further understand that neither SensMit Web Services nor the wireless service carrier can guarantee the security of wireless transmissions and we will not be liable for any lack of security relating to the use of the Service.
- You have no contractual relationship with the wireless service carrier. You understand and agree that SensMit Web Services and the wireless service carrier shall have no legal, equitable, or other liability of any kind to you except as otherwise specified in this agreement.
- If the wireless service carrier fails to deliver or interrupts services to SensMit Web Services, we will be unable to provide you data transfer Services related to any SensMit-platform-associated modem you may be using during those times, and will accept no liability nor refund any Service fees related to your losses during that period. Using the data shuttling and upload capabilities of the SensMit Platform during any such events may allow you to retain uninterrupted data flow.
- Subject to FCC Number portability rules, you have no property right in any number assigned to your modem and you understand that any such number can be changed from time to time.
- You acknowledge that Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission facilities. You agree that the SensMit Web Services and the wireless service carrier shall not be responsible for such interruptions of Service or for the inability to use the Service outside the territory.
- In no event shall SensMit Web Services or the wireless service carrier be liable for any cost, delay, failure or disruption of Service, lost profits, or incidental, special, punitive, or consequential damages.
- In no event shall SensMit Web Services or the wireless service carrier be liable for the failure or incompatibility of equipment utilized by you in connection with the Service. You shall use equipment at your own risk.
- You shall indemnify, defend and hold SensMit Web Services and the wireless service carrier and the officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the Terms of Service; the provision or use of the Service; or the use, failure to use or inability to use the number. This provision shall survive the termination of the Terms of Service Agreement.
- You acknowledge that the Terms of Service Agreement is assignable by SensMit Web Services.
- Your Service may be temporarily suspended or permanently terminated upon little or no notice in the event that the provider’s wireless agreement with SensMit Web Services is terminated. You waive any and all claims against the wireless service carrier for such suspension or termination.
E. Voluntary Suspension
- The service cannot be entirely suspended. The Base fee carries on for as long as your plan is current and until you ‘Cancel’ your Subscription on the My Subscriptions page.
- By removing your SensMit nodes from solar power (either by storing them inside or by putting a light-proof cap over them), you disable them. When they do not report for an entire month or longer, you are not charged the ‘per SensMit node’ portion of the fee.
F. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. Be sure to download all of your data via the CSV download facility prior to cancelling your account. You can cancel your account at any time by clicking on the Subscription Settings link in the global navigation bar at the left of the screen, and then clicking ‘Cancel’ at the right of ‘Your Current Plan’.
- You may cancel your account at any time. The Account screen provides a simple ‘no questions asked’ cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- SensMit Web Services will not terminate your account without just cause. Just cause includes the following: nonpayment of charges owing, abusive or excessive data usage or for such other reasonable grounds as may be established from time to time.
G. Modifications to the Service and Prices
- SensMit Web Services reserves the right to modify the Service (or any part thereof) at any time and from time to time with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to reasonable change upon our sole discretion upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the SensMit Web Services Site (sensmitwebdiv.com). An email will also be sent to the registrant. Price changes may occur due to the following: inflation, increased costs from our providers, and maintaining appropriate market price position.
H. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and uploaded data remain yours. Your data will not be sold, distributed, copied, or altered without your expressed written consent. By entering into this Agreement, you grant SensMit Web Services the right of first refusal to negotiate with you for partial ownership of your SensMit Web Data and the right to make anonymous and distribute it.
- You shall defend SensMit Web Services against any claim, demand, suit or proceeding made or brought against SensMit Web Services by a third party alleging that your Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify SensMit Web Services for any damages finally awarded against, and for reasonable attorney’s fees incurred by, SensMit Web Services in connection with any such claim, demand, suit or proceeding; provided, that SensMit Web Services (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases SensMit Web Services of all liability); and (c) provides to you all reasonable assistance, at your expense.
I. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email or such other forms of communication that SensMit Web Services may provide from time to time.
- You understand that SensMit Web Services uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, SensMit Web Services, or any other SensMit Web Services service.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SensMit Web Services.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any SensMit Web Services customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by SensMit Web Services) of other SensMit Web Services customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
- SensMit Web Services does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that SensMit Web Services shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SensMit Web Services has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the placement of your sensors and any problems that may arise from such placement; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; (vi) or any other matter relating to the service.
- The failure of SensMit Web Services to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SensMit Web Services and govern your use of the Service, superseding any prior agreements between you and SensMit Web Services (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org