Terms of Service (“Terms”)
Last updated: May 09, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”, “TOS”) carefully before using the https://iottly.com website (“the Site”) or any services of https://iottly.com (the “Service”) operated by Tomorrowdata Srl, located in Turin (Italy) Via Nizza 52 (“TomorrowData”, “us”, “we”, or “our”). These Terms apply to all visitors, users and others who access or use the Service.
You must agree to these TOS before you can use the Service. If you do not agree to any of the following terms, please do not use the Service.
Public Beta
You understand and acknowledge that the Service will be restricted to non-productive evaluation use and your use of the Service is at your sole risk. The Service it is being provided as a “Public Beta”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing TomorrowData with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
Support for the Service is only available in English o in Italian, via email, but TomorrowData is not obligated to provide any maintenance, technical or other support for the 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 TomorrowData.
Open source software licenses for components of the Service released under an open source license constitute separate written agreements.
Content
For purposes of these Terms of Service, “Content” means text, code, software, information or other materials that are generated, provided or otherwise made available through the Service. We claim no intellectual property rights over the Content our users provide to the Service (“User Content”). Your Content remain yours. You are solely responsible for the Content of, and any harm resulting from, any User Content that you upload, link to or otherwise make available via the Service, regardless of the form of that Content. We cannot therefore be responsible for that material’s Content, use or effects.
We need the legal right to do things like host it, publish it, and anything as necessary to render the Website and provide the Service. This license does not grant us the right to distribute your Content outside of our Service.
TomorrowData does not pre-screen User Content, but we have the right to remove content or close accounts if we need to.
Accounts
When you create an account with us, you must provide the information we need to complete your registration for an Account, including your name, a valid email address, and any other information we ask for during the registration process. This Account will be used to setup the Service for you. You are responsible for all activity that takes place on your account. You are responsible for safeguarding the password that you use to access the Service.
The free Account is limited to one per person or legal entity. You can’t have more than one free Account.
You may not use the Service for any illegal or unauthorized purpose. When using the Service, you agree not to violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
You are solely responsible for properly canceling your Account, based on the methods provided by TomorrowData on the Site. All of your User Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
Third-Party Services or Links to Other Web Sites
Our Service may contain third-party services or links to third-party web sites that are not owned or controlled by TomorrowData Srl.
TomorrowData Srl has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TomorrowData Srl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
API Terms
You understand and agree that TomorrowData is not 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 TomorrowData has been advised of the possibility of such damages), resulting from your use of the API (Application Provider Interface) or third-party products that access data via the API.
We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API or any part of it with or without notice.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify the Services or terminate your participation in this Public Beta testing for any reason, at any time, without liability to you. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We use reasonable commercial efforts to provide you with a reasonable notice of such changes or resolution;
Feedback
As part of using the Service, TomorrowData will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service, including ideas for modifications and enhancements. You agree that in the absence of a separate written agreement to the contrary, TomorrowData will be free to use any feedback you provide for any purpose.
Contact Us
If you have any questions about these Terms, please contact us at iottly@tomorrowdata.io.