Terms of Service

Updated: 24.05.2018

Welcome to Iotic Space

Thank you for using Iotic Space. By using Iotic Space and signing up for an account you are agreeing to the terms as set out below. Please read them carefully.

 

Iotic Labs Ltd (“Iotic Labs”,”we’,”us”) provides the use of Iotic Space and our services ( collectively “Services”). Iotic Labs’ registered office is at Salisbury House, Station Road, Cambridge, CB1 2LA, UK. As a user of Iotic Space you are a “User” in this agreement (or “you”).

 

Our Services are diverse and expanding so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

 

1. Eligibility

In order to use our Services you must:

  • be at least 18 years old and able to enter contracts, if you are under 18 a parent or guardian will need to agree the terms of services on your behalf;
  • complete the registration process;
  • provide true, complete, and up to date contact information; and
  • acknowledge and accept that, in the event of inconsistency or conflict, these terms and conditions shall prevail over any local laws or regulations applying where you are located.

 

By using the Services you agree, warrant and represent that you meet and agree to all of the above requirements and that you will not use the Services in any way that violates any laws or regulations. We may refuse or suspend service, cancel accounts, or change eligibility requirements at our absolute discretion and at any time.

 

2. Term

The Term begins when you commence use of the Services and continues as long as you use the Service. Clicking the button and entering your Owner ID means that you have officially “signed” the Terms and irrevocably and unconditionally agree, accept and acknowledge that these Terms are legally binding on you. If you sign up for Iotic Space or use the Services on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

 

3. Using our Services

You must follow any policies made available to you within the Services. You agree and accept that you will not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You agree to use our Services only as permitted by law, including applicable export and re-export control laws and regulations. You agree that we may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You agree not to use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You agree you will not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services provide access to and display content that is not Iotic Labs’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do and you agree and acknowledge that we make no warranty or representation to you in respect of third party content.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. You agree not to use such Services in a way that might distract you and prevent you from obeying traffic or safety laws or which might otherwise result in harm to you or others.

 

4. Your Iotic Space Account

You will need an Iotic Space Account in order to use our Services. You may create your own Iotic Space Account, or your Iotic Space Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an Iotic Space Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Iotic Space Account, keep your details confidential. You are responsible for the activity that happens on or through your Iotic Space Account. If you learn of any unauthorized use of your Iotic Space Account, please contact an Iotic Labs Administrator as soon as possible at info@iotic-labs.com

 

5. Closing your Account

You or Iotic Labs may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, where applicable we will refund a prorated portion of your monthly prepayment or reimburse you for unused GUIDs purchased in advance. We will not refund or reimburse you if, at our sole discretion, we determine that there is cause for immediate termination of our Services, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you do not log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

 

6. Account Disputes

You acknowledge and accept that we do not know the inner workings of your organization or the nature of your personal relationships, and we do not arbitrate disputes over who owns an account. You undertake that you will not request access to or information about an account that is not your own, and you undertake to resolve any account-related disputes directly with the other party. You agree that we decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we will rely on the contact information listed for that account.

 

7. Fees and Service.

The Service is provided without charge to the User for non-commercial activity and commercial activity up to pre-agreed limits per account. Iotic Labs may change its fees, charges and payment policies for the Services from time to time including the addition of costs for new products and services, other fees charged to Iotic Labs or its wholly-owned subsidiaries by third party vendors for the inclusion of data in the Service. Unless otherwise stated, all fees are quoted in GBP and are subject to VAT.

 

  • Monthly Plans
  • Where applicable our charges for monthly plans are on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the “Pay Date”). If you go over your pre-agreed limit and reach another pricing level, then you will have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you will still be required to make one payment at the higher level.

 

  • Pay as You Go Plans
  • You may, subject to status, buy bundles of GUIDs to use our Services, as we explain on our Website, instead of signing up for a monthly plan. If you choose a Pay as You Go Plan, you will still be considered a User, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. GUIDs for Pay as You Go (prepaid) accounts roll over and do not expire, but if you are inactive for more than 12 months your account may be deleted.

 

  • Credit Cards
  • As long as you have an outstanding balance with us, by default you undertake to provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. If you are using a credit card, you represent and warrant that you are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

 

  • Invoicing
  • At our sole discretion we may agree and provide an invoicing option for payment on your account. This facility will be agreed separately and additional terms, as outlined in Welcome to Iotic Space above, will apply.

 

  • Refunds
  • We will provide a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms (In particular 3. Using our services above). You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a User applies for one based on the requirements posted on the Website.

 

  • Changes
  • We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

 

8. Privacy and Copyright Protection

Iotic Labs’s privacy policy (http://iotic-labs.com/privacy-policy/) explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Iotic Labs can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.

 

9. Your Content in our Services

Our Services allow you to upload, submit, share, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, share, send or receive content to or through our Services, you give Iotic Labs (and those we work with) a worldwide license to use, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and developing new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. We will respect the choices you make to limit sharing or visibility settings in your Iotic Space Account.

You can find more information about how Iotic Labs uses and stores content in the privacy policy or additional terms for particular instances of our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

 

We may view, copy, and internally distribute content from your account to create algorithms and programs (“Tools”) that help us spot problems and improve the service.

You agree to respect our proprietary rights in the Website and the software used to provide Iotic Space (proprietary rights include patents, trademarks, service marks, and copyrights). You agree that you may only use our brand assets according to our Brand Guidelines for Third-Parties (available on request).

 

10. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all content that you share and exchange in Iotic Space. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

11. About Software in our Services

When a Service requires or includes downloadable software, Iotic Labs gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Iotic Labs as part of our Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Iotic Labs, in the manner permitted by these terms. You agree not to copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

 

You may only use our bandwidth for use of our service. We may throttle your sending or connection through our API at our discretion.

 

12. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Iotic Labs may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

13. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. However, we make no representation, warranty or undertaking as to the provision of our Services to you.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER IOTIC LABS NOR ITS OFFICERS, SUPPLIERS, AGENTS OR DISTRIBUTORS MAKE ANY WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND AT YOUR SOLE RISK.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.

14. Liability for our Services

WHEN PERMITTED BY LAW, YOU AGREE THAT IOTIC LABS, AND IOTIC LABS’S OFFICERS, SUPPLIERS, AGENTS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR ANY LOSS, COST, CLAIM, DAMAGE, LIABILITY OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL LOSS, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE TOTAL LIABILITY OF IOTIC LABS, AND ITS SUPPLIERS, OFFICERS, AGENTS AND DISTRIBUTORS, FOR ANY CLAIMS AGAINST US ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES (TO THE EXTENT ENFORCEABLE), IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (AND YOU FURTHER AGREE THAT, IF WE CHOOSE, WE MAY SUPPLY YOU THE SERVICES AGAIN INSTEAD OF MAKING ANY PAYMENT TO YOU).

 

15. Business uses of our Services & Indemnities

If you are using our Services on behalf of a business, you represent and warrant that business accepts these terms.

You warrant and represent that you (or your business) will hold harmless and indemnify Iotic Labs and its affiliates, officers, agents, suppliers, distributors and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

16. About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

 

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Iotic Labs and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up, or waiving, any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

This agreement is governed by the laws of England and any dispute will be heard by the courts in England which shall have exclusive jurisdiction.

For information about how to contact Iotic Labs, please visit our contact page