Terms of Service

Welcome, and thank you for your interest in InfiIoT Technologies Private Limited., a organization ("InfiIoT Technologies," "we," "us," or "our"), which operates the web site located at https://infiiot.com (the "Website") and related application programming interfaces ("APIs"), mobile applications and online services, including, any other products and services that Company may provide now or in the future (collectively, the "Services"). The following Terms of Service are a legal contract between you ("you" and "your") and InfiIoT Technologies regarding your use of the Services. Visitors and users of the Services are referred to individually as "User" and collectively as "Users".

IN THE ABSENCE OF A CUSTOM SERVICES AGREEMENT, THIS INFIIOT TERMS OF SERVICE(S) AGREEMENT (“AGREEMENT”) GOVERNS USE OF INFIIOT SERVICES (“SERVICES”) BY FOLLOWING TERMS SET FORTH BELOW. BY SIGNING UP FOR SERVICES BY EMAIL AND WITH AN INFIIOT REGISTERED USERNAME, YOU (“USER”) AGREE TO THIS AGREEMENT. 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 AND ITS AFFILIATES TO THIS AGREEMENT IN WHICH CASE THE TERMS “YOU,” “USER”, OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE(S).

You may not use the Services if You are InfiIoT’s direct competitor, except with InfiIoT prior written consent. Also, you may not access the Online Services, under any circumstances, to monitor its availability, performance, or functionality, or for any other benchmarking or competitive purposes.

This Agreement was last updated on February 12th, 2020. It is effective between You and INFIIOT as of the date of Your acceptance of this Agreement and during each instance of SERVICE use.

1. You may not transfer outside the Services any software (including related documentation) you obtain from us, our affiliates or third-party licensors in connection with the Services without specific authorization to do so.
2. You must comply with current technical documentation applicable to the Services (including applicable developer guides) posted on the Site.
3. You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end-user materials that you control.
4. You will ensure that all information you provide to us via the Site (e.g., the information provided in connection with your registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.
5. You should not use the Services for any Commercial, Educational, Research use or purpose unless expressly permitted by InfiIoT Technologies in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
6. You should not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, Licensed Content, Licensed Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content, Licensed Educational Code, or User Content;
7. You should not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8. You should not modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by InfiIoT Technologies herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
9. You should not intentionally interfere with or damage operation of the Services or any user's enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
10. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and InfiIoT Content (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
11. When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.
12. If you process the personal data of End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us and our affiliates that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data under applicable law.
13. If you have been charged for a Service for a period when that Service was unavailable (as defined in the applicable Service Level Agreement for each Service), you may request a Service Credit equal to any charged amounts for such period.
14. Following the closure of your InfiIoT account, we will delete Your Content per the Documentation.

1. Device data for an individual device may be deleted if you do not update the Device data for an individual device within any given 12-month period. Once Device data has been updated for an individual device the data restriction time frame for that individual device resets, and the Device data storage time frame for an individual device starts over.
2. You are responsible for the creation, distribution, and security (including enabling of access) of any IoT devices connected to or enabled by your InfiIoT account.
3. InfiIoT grants you a worldwide license during the term of this Agreement to use the Services to collect and view Your Data.
4. You grant us a worldwide license to use, reproduce, transmit, display, and adapt Your Data and Your Application Resources solely as necessary for InfiIoT to provide the Online Services under this Agreement.
5. We take the privacy and confidentiality of such data seriously, and store said data securely in renowned cloud providers such as, Python Anywhere and employ industry standard techniques to protect against unauthorized access of data, including but not limited to User personal information. InfiIoT does not share personal information without your consent, unless:
   • Doing so is appropriate to carry out Your own request;
   • InfiIoT believes it's needed to enforce our Terms and Conditions of Service, or it is legally required;
   • We believe it's needed to detect, prevent or address fraud, security or technical issues;
   • otherwise protect our property, legal rights, or that of others.
6. InfiIoT may amend this Privacy Policy at any time. Use of information InfiIoT collects is subject to the Privacy Policy in effect at the time such information is used or received by the Website. If InfiIoT makes any major changes to the manor or process of collecting or using information, InfiIoT will notify User by posting an announcement on the Website or sending User an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

1. Free Quota:
   Certain Services are provided to Customers without charge up to the Fee Threshold, as applicable.
2. Online Billing:
   At the start of the applicable Fee Accrual Period, InfiIoT will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on:
   • Customer's use of the Services during the previous Fee Accrual Period if any remains.
   • Any Reserved Units selected;
   • Any Committed Purchases selected; and/or
   • Any Package Purchases selected. For use above the Fee Threshold, the Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency outlined in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced forms of payment, InfiIoT will charge (and Customer will pay) all Fees immediately at the start of the Fee Accrual Period. If the Customer elects to pay by invoice (and InfiIoT agrees), all Fees are due as outlined in the invoice. The customer's obligation to pay all Fees is non-cancellable. InfiIoT's measurement of Customer' use of the Services is final. InfiIoT has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by InfiIoT. InfiIoT may collect payments via *3rd party payment gateways*
3. Taxes:
   
   • The customer is responsible for any Taxes, and the Customer will pay InfiIoT for the Services without any reduction for Taxes. If InfiIoT is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides InfiIoT with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states, the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If the Customer is required by law to withhold any Taxes from its payments to InfiIoT, the Customer must provide InfiIoT with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to InfiIoT, the value of Services calculated following the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed-up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that InfiIoT will receive payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
   • If required under applicable law, the Customer will provide InfiIoT with applicable tax identification information that InfiIoT may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customers will be liable to pay (or reimburse InfiIoT for) any taxes, interest, penalties, or fines arising out of any mis-declaration by the Customer.
4. Invoice Disputes & Refunds:
   Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to InfiIoT, InfiIoT will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, InfiIoT will apply the credit memo amount to the disputed invoice, and the Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, the Customer waives all claims relating to Fees unless claimed within sixty days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of InfiIoT and will only be in the form of credit for the Services. Nothing in this Agreement obligates InfiIoT to extend credit to any party.
5. Delinquent Payments; Suspension:
   Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. The customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by InfiIoT in collecting such delinquent amounts. If the Customer is late on payment for the Services, InfiIoT may Suspend the Services or terminate the Agreement for breach.
6. No Purchase Order Number Required:
   For clarity, the Customer is obligated to pay all applicable Fees without any requirement for InfiIoT to provide a purchase order number on InfiIoT's invoice (or otherwise).

“Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Online Services” means the online services provided by InfiIoT as described in this Agreement that You manage at https://InfiIot.com.

“Proprietary Software” means the software that is developed, licensed, or purchased by InfiIoT, and includes our Online Services in entirety and other software that can be deployed onto embedded systems, computers, handheld systems, and servers.

“Services” means Online Services and when requested, contracted, and agreed upon accommodating development operations to InfiIoT services as an extension of services provided by Us.

“We”, “Us”, “Our” “Company” or “InfiIoT” means IoT Services.

“You,” “Your,” or “User” means: (i) the company or other legal entity for which you are accepting this Agreement and Affiliates of that company or entity; or (ii) an individual, in the case of a non-legal entity as defined in the registration information provided to Us.

“Your Application Resources” means a web, server, personal computer, or handheld application and related configuration parameters, that We, You, and/or a third party acting on Your behalf create and that interoperates with the Services.

“Your Data” means all electronic data or information submitted by You, or by devices owned by You or Your Customers or Your Partners, to the Online Services.

“Your Partners” and “Your Customers” means any individuals or entities that are neither You nor your Affiliates, but who use the Online Services while associating with Your services and services provided InfiIoT.