User terms

Last modification date: Aug 28th, 2018

The use of Sensorbis is subject to the approval of the following terms by the user.
In the present document, the term "Web Application" refers to the provided application accessible by a web browser that you can use to configure device federations and visualize and download data.

Ownership

Software, documentation and any other content provided with Sensorbis is property of
Sensorbis GmbH
Pater-Schwartz-Gasse 11A
1150 Wien
Austria
Website: www.sensorbis.com

User responsibility

You declare that you are 16 or older and that you have the legal capacity to enter the present agreement.
You are not allowed to:

Each user is required to access only using his own credentials.
In case you think that your credentials are used by others, you are required to communicate it to us.
Breach of the "User responsibility" clauses can cause the suspension or termination of the contract without notification at our sole discretion.

User content

You grant to Sensorbis GmbH the permission to acquire, elaborate, store and transmit the content provided by you for the sole purpose of executing the service contract, providing support and accomplishing legal obligations.
You keep the property of the content you provide.
The system allows you to upload images as plans or maps. You are the only responsible for the content of such images. You declare that you have the right to use such images and to share them with the other users of the federation. You also declare that the images you upload are not illegal, offensive, racist or pornographic and do not infringe any copyright, trademark or brand rights.

How we may contact you

We may contact you by e-mail to provide you important information and notifications about the service (e.g. the confirmation of your registration).

Data retention

If a payment is required to activate a subscription, any obligation regarding telemetry starts with such payment.
Any obligation regarding telemetry data ends at the moment of the subscription expiration and all telemetry data could be deleted from the system.
A grace period of retention may be applied at our sole discretion.
Users who haven’t had any subscription in progress for one year and who do not login to the Web Application for one year could be deleted from the system.
Data retention during the contract period is subject to the subscription options.

Online payments

Online payments are managed by secure payment providers. We do not process, collect or transmit details of payment instruments.

Right of withdrawal

Consumers have the right of withdrawal for 14 days after the conclusion of the contract.
By accepting the present conditions, you expressly agree to start the provision of the service at the moment of the conclusion of the contract. This acceptance implies that you waive your right of withdrawal.

Invoices

By accepting these conditions, you explicitly accept to receive invoices in electronic form.
The invoices will be accessible using the Web Application and/or will be sent to the e-mail address provided.

Contract limitations

Some limitations are required to prevent abuse of the system resources.
Users of a federation cannot be frequently replaced with the purpose of bypassing the allowed number of users.
The number of active sessions can be compared to number of allowed users to discover and avoid abuses of the user credentials with the purpose of bypassing the allowed number of users.
Breach of these limitations can cause the suspension or termination of the contract without notification at our sole discretion.
Acquisition of real-time data can be paused if the user is inactive for at least 30 minutes.
Telemetry packets containing a timestamp must be sent within 48 hours after the moment defined by the timestamp, or they will not be present in hourly aggregated data.
Charts can contain up to 50 channels and maps can contain up to 200 channels (including channels with a special purpose).
Views using a map or a user-provided map, plan or image are guaranteed to show data having timestamp within the last 48 hours (or sent without timestamp within the last 48 hours).
Your subscription defines the maximum amount of telemetry that can be sent per hour. If this limit is exceeded, acquisition of telemetry from federation devices can be temporary suspended (i.e. all data sent will be temporary discarded) without any notice. Severe or repeated breaches may lead to the termination of the agreement.
API requests in unreasonable amount originated from the same user or the same federation or the same IP address could be delayed or aborted.
Your subscription may include notification emails that are sent when telemetry value thresholds are exceeded. Notification emails may be processed and sent up to 10 minutes after the threshold is exceeded. Even though we make our best efforts to delivery notification emails, there is no way to guarantee success and promptness of email deliveries. If more values exceed the threshold within the aforesaid processing period, any of them may be returned in the notification email.

Service Level Agreement (SLA)

Monthly Uptime Percentage is calculated as available minutes less downtime divided by available minutes in a billing month (31 days long).
In case of Monthly Uptime Percentage (MUP) less than 99.5% you are entitled to ask for a duration extension of the current subscription (if not expired or close to the expiration date), or a refund, or a credit to use with the next subscription renewal.
The amount is calculated based on the related monthly subscription (or monthly portion of a longer subscription) and it is equal to the percentage specified here:

In case of definitive suspension of the service, you will be notified at least 15 days in advance and you will be entitled to a full refund for the period of the contract remaining at the moment of the suspension.
Requests for credits or refunds have to be made within 60 days since the end of the downtime period.
In no other case you are eligible for a refund.
Service level is not guaranteed in case of events outside our control (for example natural disaster, war, act of terrorism, riot, government action or court order).
SLA does not apply to fulfillment of payment transactions because those are managed by interaction with third parties over which we have no control.
SLA does not apply to free subscriptions.

Costs of the Internet access

You bear the costs of the Internet access required to use our system and your devices.

Ownership

Sensorbis GmbH retains property rights on the system and the related documentation.
You acknowledge that you are not receiving any ownership nor other rights apart from your right to use the system under this agreement.

Downloadable software

Downloadable software is software expressly provided in one or more files, at no charge, through links on our websites or other sources.
Sensorbis websites, web applications and other running systems or portions of them, are not considered downloadable software.
Any downloadable software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement.
In no event shall we be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the downloadable software or the use or other dealings in the downloadable software.
You may not (a) rent, lease, sell, re-sell, loan, distribute, sublicense, for profit or otherwise, or otherwise transfer the downloadable software or copies of it; (b) install or electronically transfer the downloadable software on a network for use by multiple users, unless each user has subscribed the presente license terms; (c) decompile, reverse engineer or disassemble the downloadable software, or otherwise reduce the downloadable software to a human perceivable form; (d) remove or destroy any copyright notices or other proprietary markings of the downloadable software; (e) modify, alter, or adapt the downloadable software; (f) create derivative works based on the downloadable software.
Downloadable software is intended to be used solely in connection with Sensorbis and the provided services. Use for any other purpose is not allowed.
The same provisions are applied to the accompanying documentation.

Downloadable source code

Source code is a collection of computer instructions, written using a human-readable programming language.
Downloadable source code is source code expressly provided in one or more files, at no charge, through links on our websites or other sources.
Sensorbis websites, web applications and other running systems or portions of them, are not considered downloadable source code.
Unless otherwise stated, downloadable source code and the accompanying documentation is subject to the Apache License 2.0, available here: Apache License 2.0

Technical support

The present agreement does not include a technical support unless explicitly declared otherwise.

Warranty

Warranty only covers system interruptions and malfunctions and can only consist in a partial or total refund, a duration extension or a credit, according to the Service Level Agreement.
The service must not be used in critical systems, for which a delay, an interruption or a malfunction could result in death, injuries, environmental damages or other severe damages, such as life support systems, nuclear facilities, civilian protection and alert systems, air traffic control, aircraft navigation, vehicle driving, etc.
We do not grant any other warranty, unless otherwise required by applicable law.

Limitation of liability

We will provide compensation for lost profits in case of gross negligence or intentional misconduct, limited to the last amount paid to use the service or to the minimum amount required by applicable law, if it is higher.
In case we fail to comply to contractual obligations due to slight negligence, our liability shall be limited to foreseeable contractual damages, up to the last amount paid to use the service or to the minimum amount required by applicable law, if it is higher.
Any other liability is excluded, unless otherwise required by applicable law.

Indemnity

You agree to indemnify, defend, and hold harmless Sensorbis GmbH, its affiliates and its and their respective owners, investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third-party advertisers, technology providers and service providers from and against any loss, damage, cost or liability (including reasonable attorneys' fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this agreement, including but not limited to your use of the service, your violation of this user agreement, and/or your violation of the rights of any third party or person.

Severability

If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect.

Waiver

Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.

Entire agreement and modifications

This agreement sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof.
The terms of this agreement shall control over any conflicting terms in any referenced agreement or document.
This agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.
We may occasionally modify the present agreement and the Privacy policy. The other party may refuse the modifications by notifying us in writing. In such case, the contract will be ended and the user will be refunded for the remaining paid period.
The modifications are considered accepted and effective after 30 days from their publication date on the website without any communication by the other party. We recommend users to check for agreement modifications and announcements on the service website.
The contracting parties may agree to amend or modify the present contract in written form.

Transfer of contract for company merger or acquisition

You agree that the contract with us can be transferred to a third company in case our company is merged with or acquired by such company. The third company will be obliged to respect the present agreement.

System or functionalities in beta release

A “beta” release is a release not ready for production use that could contain bugs or have limited capabilities.
The whole system or a new functionality could be initially provided in beta release to be tested by users.
The declaration of a beta release will be quoted in the user interface or in the documentation.
The whole system or a functionality in beta release is provided “as is”, without warranty of any kind, express or implied, including but not limited to the fitness for a particular purpose. In no event we will be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with it or the use or other dealings in it.
The SLA does not apply to the system or the functionality provided in beta release.
A functionality provided in beta release does not contribute to the subscription price.
The transition from the system in beta release to the system in final production release could require the acceptance of new user terms.
During the transition to the final production release, we make our best to keep the data acquired by the system or a function in beta release but the retention of such data is not guaranteed.

Governing law and jurisdiction

The present contract is governed by laws of Austria, excluding its conflict of laws provisions.
The competent courts of law for the first instance in the first district of Vienna are responsible for all disputes arising in connection with the present contract.
If you are a consumer and have your residence in an UE country, you can use the complaint form available at http://ec.europa.eu/odr for disputes resolution.

Conflicting Languages

If this agreement is translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text shall in any event prevail.
By accepting the current terms, you explicitly accept our Privacy policy.

Disclaimer

Through this website you may be able to link to third-party websites over which we have no control about the nature, content and availability. The inclusion of any links does not necessarily imply a recommendation or an endorsement to visit them.
This website may contain proprietary information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties.
All trademarks, product names, company names and logos cited in this website are property of their respective owners.