Thank you for using Ionoid IoT Platform, other developer services, and associated software. By accessing or using our Services, you are agreeing to the terms below. You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use our services as an interface to, or in conjunction with other Open Devices products or services, then the terms for those other products or services also apply.
Under the Terms, “Open Devices” means Open Devices GmbH c/o Factory Berlin Rheinsberger Str.76/77 10115 Berlin, Germany, unless set forth otherwise in additional terms applicable for a given Service. We may refer to “Open Devices” or “Ionoid” as “we”, “our”, or “us” in the Terms.
Section 1: Account and Registrationa. Accepting the Terms
You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Open Devices, or (b) you are a person barred from using or receiving the service under the applicable laws of Germany, place of juridiction Berlin.b. Entity Level Acceptance
If you are using our Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).c. Registration
In order to access certain Services you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of Ionoid Services. Any registration information you give to Open Devices will always be accurate and up to date and you’ll inform us promptly of any updates.
Section 2: Using Our Servicesa. Your End Users
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.b. Compliance with Law, Third Party Rights, and Other Open Devices Terms of Service
You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the Services to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Open Devices.c. Permitted Access
You will only access (or attempt to access) a Service by the means described in the documentation of that Service. If Open Devices assigns you an account credentials (e.g. client IDs), you must use them with the applicable Service. You will not misrepresent or mask either your identity or your Service or API Client’s identity when using the APIs, Service or the account.d. Account Limitations
Open Devices sets and enforces limits on your use of the account (e.g. limiting the number of API requests that you may make or the number of operations you may perform), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each Service or API.
If you would like to use any Service or API beyond these limits, you must obtain Open Devices’ express consent (and Open Devices may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact Open Devices (e.g. by using Ionoid Support page).
Some of the software required by or included in our Services and APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain services, open source software is listed in the documentation.
To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Open Devices for the applicable open source software.
We may send you certain communications in connection with your use of your ionoid account. By agreeing to these terms you agree that Open Devices will notify you and inform you regularly.g. Feedback
If you provide feedback or suggestions about our Services, then we (and those we allow) may use such information without obligation to you.h. Non-Exclusivity
The Terms are non-exclusive. You acknowledge that Open Devices may develop products or services that may compete with any other products or services.
Section : Prohibitions and Confidentialitya. Service Prohibitions
When using the service, you may not (or allow those acting on your behalf to): Sublicense a service or an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties. Perform an action with the intent of introducing to Open Devices products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature. Defame, abuse, harass, stalk, or threaten others.
Interfere with or disrupt the APIs or the servers or networks providing the APIs.
Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Use the APIs for any activities where the use or failure of the service could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
Developer and account credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your account or your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other Services or API Clients from using your credentials. Account credentials may not be embedded in open source projects.
Our communications to you and our Services and APIs may contain Open Devices confidential information. Open Devices confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Open Devices’s prior written consent. Open Devices confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Open Devices confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
Section : Contenta. Content Accessible Through our APIs
Our Services contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.b. Submission of Content
Some of our Services allow the submission of content. Open Devices does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs or Services, except as expressly provided in the Terms. For the sole purpose of enabling Open Devices to provide, secure, and improve the Services and APIs (and the related service(s)) and only in accordance with the applicable Open Devices privacy policies, you give Open Devices a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the Services through your usage. “Use” means use, host, store, modify, communicate, and publish. Before you submit content to our Services and APIs through your use, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.c. Retrieval of content
When a user’s non-public content is obtained through a service or APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.d. Data Portability
Open Devices for now does not supports data portability.e. Prohibitions on Content
Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs: Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party; Misrepresent the source or ownership; or Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
Section : Brand Features; Attributiona. Brand Features
“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. All use by you of Open Devices’ and Ionoid’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Open Devices.b. Attribution
Open Devices for now does not give any attributions.c. Publicity
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Open Devices without Open Devices’ prior written approval.d. Promotional and Marketing Use
a. Open Devices Privacy Policies By using our Services, Open Devices may use submitted information in accordance with our privacy policies.
Section : Terminationa. Termination
You may stop using our Services or APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Open Devices with prior written notice and upon termination, cease your use of the applicable Services or APIs. Open Devices reserves the right to terminate the Terms with you or discontinue the Service and APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. We reserve our full rights.b. Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to our services, you will immediately stop using the Service and all APIs, cease all use of the Open Devices Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Open Devices may independently communicate with any account owner whose account(s) are associated with your usage and developer credentials to provide notice of the termination of your right to use an API.c. Surviving Provisions
When the Terms come to an end is when Open Devices Publishes a new version of this Terms of Service Document and that will be noted in the header of the document. The new Terms of Services will replace the old one, and by continuing to use our services you automatically agree to the new terms.
Section : Liability for our Servicesa. WARRANTIES
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, OPEN DEVICES DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR APIS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE SERVICE, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.b. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, OPEN DEVICES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OPEN DEVICES, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICE OR APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, OPEN DEVICES, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.c. Indemnification
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Open Devices, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from: your misuse or your end user’s misuse of the Services; your violation or your end user’s violation of the Terms; or any content or data routed into or used with the Services or APIs by you, those acting on your behalf, or your end users.
Section : General Provisionsa. Modification
Users of ionoid IoT Platform, which is operated by Open Devices, are requested to abide by the terms and conditions of use set forth herein. By using this service, you will be deemed to have accepted these terms and conditions. Open Devices reserves the right to change these terms and conditions at any time without prior notice. Please check the latest information posted herein to inform yourself of any changes.b. General Legal Terms
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Open Devices does not take action right away, this does not mean that Open Devices is giving up any rights that it 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. The Terms are the entire agreement between you and Open Devices relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Open Devices, please visit our contact page. Except as set forth below: (i) the laws of Berlin, GERMANY, will apply to any disputes arising out of or related to the Terms or the Services and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN BERLIN, GERMANY, AND YOU AND Open Devices CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.