The conditions below (the “Conditions”) together with the privacy policy regulate the access to and use of the Efento Cloud website, mobile applications, products and services (collectively the “Site”).
The Service is offered and provided by Efento Sp. z o. o. (“we”, “us” or “our”). In some cases, the use of our Service requires that our software be installed on a computer or mobile device (“Software”). By accessing the Service and to install or use the software, the user must agree to these Terms without modification by the User. The User may terminate these Terms at any time by uninstalling the software and canceling the account on the Service. Some provisions will continue to apply after the expiration of these Terms. These conditions constitute a legal agreement between us and you.
Definitions
“User” is a person who has access, browses or uses the Site or Software in any way
“Our Content” means all content (including text, images, photos, audio, video) created, developed and placed by us on any of Efento’s websites including www.efento.pl, www.getefento.com, cloud.efento.io, cloud.getefento.com, cloud.efento.pl, www.efento.io
“User’s Content” means all data saved and sent by the User to / via the Service, including sensor measurements, location maps, alarm comments, email addresses and phone numbers of notification recipients, sensor names.
“Third-Party’s Content” means content that is made available on the Site by entities other than us or Users, such as data providers who have a license for the data we use on the Service.
“Site Content” means all content that is made available on the Site, including Content, User Content, Third Party Content.
“Software” means the software provided by us and downloaded by Service Users, such as computer software, mobile applications, and firmware.
“Equipment” means any device sending data to the Site – sensor or gateway.
Privacy policy
We encourage you to read our privacy policy, which can be found here. By agreeing to these Terms, you also agree to our Privacy Policy. Our Privacy Policy regulates the collection, use and disclosure of information collected from you. The information we collect is stored and processed by us on servers in the European Union. By installing software or creating an account on the Site, you consent to the collection and processing of data for the purposes of using the Site.
Amendments to the Regulations
We can change the terms of use of the Site. Any changes to the terms of use will appear on this page, and in the event of significant changes to the terms of use, we will additionally notify you by e-mail, which will be sent to the address provided at registration. The user should track changes in the conditions of use on a regular basis, as the current version of the conditions of use is binding. Any change to the terms of use will be effective upon updating the terms of use on the Site. The User understands and agrees that the continuation of access to and use of the Site or Software after each written modification of the Terms constitutes acceptance of the modification.
User accounts
To use some functions on the Site, the User must set up an account and provide information about himself. You are responsible for keeping the account password confidential. You are also responsible for all activities related to your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account due to non-compliance with the Terms of Use. Creating an account, the User may not impersonate anyone, create accounts for anyone other than himself, provide an email address other than his own, or create multiple accounts. Some features of the website allow you to send text messages (SMS) to the User’s mobile devices or to third parties. The user gives us permission to send SMS messages to recipients (phone numbers) entered by him on the Site. Sending an SMS is associated with fees about which the User is notified on the Site. By using the Site’s functions that enable sending SMS messages, the User undertakes to pay such fees. At any time, the User may opt-out of receiving text messages (SMS) by deleting his number from the Site. Telephone numbers and email addresses registered by Users on the Site will not be used for marketing purposes or transferred to third parties without the User’s consent.
Use of the Site
We provide the User with access to the Site in accordance with the restrictions described in these Terms. We strive to ensure trouble-free operation of the Site, but we do not guarantee its continuous and trouble-free operation. The User uses the Site at his own risk. We do not guarantee that all data sent to or from our Site will be accurate and without errors. User’s content sent to the Site will be saved and stored on the Site for at least two years from the moment they are sent.
Restrictions on use
The User agrees that he will not allow third parties and will not:
- use the Site for promotional or commercial purposes, except for express written consent by us;
- use the Site in a way that violates any third party rights, including any breach of trust, copyrights, trademarks, patents, trade secrets, privacy, image rights and other intellectual property or property rights;
- use the Site in violation of these Terms or applicable law;
- modify, adapt, reproduce, distribute, translate, create derivative works or adaptations, publicly reproduce, sell or otherwise use the Site and Our content except as expressly provided by us;
- reproduce the operation of the Website or Equipment using “reverse engineering”, except as expressly authorized in writing by us;
- remove or modify any copyrights, trademarks or other property rights on the Site;
- use the Site to obtain information about other Users;
- use the Site for positioning purposes;
- take any action that causes or may cause an unreasonable or disproportionate burden on our technological infrastructure;
- attempt to gain unauthorized access to the Site, user accounts, systems or networks connected to the Site by hacking, analyzing passwords or other IT resources;
- use the Site or any Site Content to send computer viruses, worms, Trojan horses or other destructive elements (collectively, “Viruses”);
- use any devices, software or procedures that interfere with the proper functioning of the Site or otherwise interfere with the proper functioning of the Site;
Responsibility for content
Only the User is responsible for User’s Content and assumes all risk associated with content, including the risk related to the accuracy and completeness of User’s Content. You may not imply that the content is in any way certified by us.
You may be liable if, for example, User’s Content violates any third party rights, including copyrights, trademarks, patents, trade secrets, image rights or other intellectual property or property rights; contains material that is false, intentionally misleading; contains material that is unlawful; or violates any law or regulation.
Use of content
We may delete or restore User’s Content at our sole discretion. We have no obligation to retain User’s Content after a period of two years has elapsed since they were uploaded to the Site, nor can we guarantee confidentiality or liability with respect to content. For example, sensor measurements sent to the Site may be deleted two years after they have been sent.
Software license and restrictions
When using the Site and creating an account on the Site, we grant the User a personal, limited, non-transferable, non-exclusive license to use and install the software on a computer or mobile device and / or use the software and the Site. These are the only rights with respect to the Software and Site. The User may not help third parties or become involved in decoding, backward modification, decompilation or other activities aimed at obtaining the source code of the Software / Site. All communication between the Equipment and the Site and / or Software and content stored on our servers and the Site contains our confidential information, which cannot be published, transferred or otherwise used except when such functions are performed by the Site in the ordinary course of business.
Site availability
We reserve the right to modify, update or cease development and provide access to the Site at our sole discretion, at any time, for any reason or for no reason. In the event of significant modifications to the Site, the User will be notified by e-mail sent to the address provided during account registration. In the event of ceasing to provide access to the Site, the User will be notified by e-mail sent to the address provided when registering the account three months in advance.
Unauthorized access
We reserve the right to use legal means that we deem necessary to prevent unauthorized access to the Site, including but not limited to: mapping IP addresses and contacting your Internet Service Provider (ISP) to identify and eliminate repeated attempts by unauthorized access.
Termination
We may delete or block your account on the Site, in whole or in part, at our sole discretion, due to your violation of these Terms and Conditions, in particular the provisions of sections 6, 9, 11 and 13.
The User may terminate these Terms at any time by deleting the account on the Site, which will prevent further use of the Site, and if he has installed the Software by uninstalling it. If the User deletes his account on the Site, all User’s Content will be deleted.
In the event of any denunciation, whether by us or by you, sections 1, 7, 8, 13-15 of these Terms will continue to apply fully.
Property
We are the owner of the property rights and copyrights of all Our Content on the Site, including but not limited to trademarks, visual interfaces, interactive functions, graphics, computer code, products, software, and all other elements and components of the Site, excluding the Third-Party’s Content. You may not modify, reproduce, distribute, create derivative works or adaptations, publicly reproduce or in any way use our materials or Software in whole or in part, except as expressly provided by us.
Guarantees, reservations and limitations of liability
THE SOFTWARE, SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. WE (FOR THE PURPOSES OF SECTION 24 AND 25, WE AND OUR AFFILIATES, WIRELESS CARRIER AND OTHER SERVICE PROVIDERS, DISTRIBUTORS, ORIGINAL EQUIPMENT MANUFACTURERS, SUPPLIERS AND PARTNERS ARE COLLECTIVELY REFERRED TO AS “OUR,” “WE” OR “US”) MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGARDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING (1) THE OPERATION AND FUNCTIONALITY OF THE SOFTWARE OR SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SOFTWARE, SITE CONTENT, OR DATA TRANSMITTED THROUGH THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SOFTWARE, SITE OR SITE CONTENT.WE CAN’T PROMISE UNINTERRUPTED OR ERROR–FREE SERVICE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS AND WE DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCATION OR OTHER DATA MADE AVAILABLE TO YOU. YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THE PRODUCTS, SOFTWARE AND/OR SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY.
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, THE LIMITATIONS AND WAIVERS IN THIS SECTION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER STATUTORY, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY. YOU WILL NOT BE ENTITLED TO SEEK ANY ATTORNEYS FEES, INDIRECT, SPECIAL, TREBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM US. YOU AGREE THAT WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY WIRELESS CARRIERS, DATA CENTERS, BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS WE DON’T CONTROL; OR BY ANY ACT OF GOD. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR SERVICE PROVIDERS AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND SUCH SERVICE PROVIDERS. UNLESS YOU HAVE A SEPARATE CONTRACT WITH OUR SERVICE PROVIDERS, SUCH SERVICE PROVIDERS HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE VALUE OF THE PURCHASED PRODUCTS.
Release from liability
YOU UNDERSTAND AND AGREE THAT EFENTO, ITS LICENSORS, EMPLOYEES, DIRECTORS, OWNERS AND AFFILIATES ARE NOT LIABLE FOR THE FOLLOWING EFFECTS OF USE OF THE SITE AND THE SOFTWARE BY YOU:
CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES;
DAMAGE RESULTING FROM LOSS OF PROFITS, REVENUE OR USE;
INTERRUPTIONS.
THESE RESTRICTIONS APPLY EVEN IN THE EVENT OF ERROR, MISTAKE, NEGLIGENCE, OR TOTAL LIABILITY OR LIABILITY FOR THE PRODUCT. YOU ACCEPT ALL RISKS RELATED TO USING THE SITE.