Terms of Service and Conditions
Effective Date: December 1, 2012
Version of this Document: 1.0
Carriots 4 Laws of Service and Data Protection
- Your Data is Yours
- Your Data is Protected
- Your Data is Portable
- During Beta Phase this service is provided “AS IS” and “AS AVAILABLE” with no Service Level Agreements.
Welcome to Carriots, but before you start using our service you must agree these Terms of Service and Conditions:
This document is contract, so please read it carefully:
This document describes in detail your rights and our rights relating to the Service, so please review these Terms and Conditions carefully. These Terms of Service and Conditions constitute a contract between us. If you do not agree to these Terms, you do not have the right to access or use our Service. If you do use our Service, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
Parties of this Contract:
You are one party to the contract. The other party to this contract is Carriots S.L. , a private company incorporated in Spain and headquartered in Madrid (Carriots S.L. , may be referred to in these Terms of Service as “Carriots,” “we” and sometimes “us”).
Terms and Conditions of this Contract might change:
Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change. If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service, your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
Carriots Service Description:
The Carriots Service consists of Carriots website, service and other products made available by Carriots S.L. which enable you to build applications for the Internet of Things (collectively, the “Service”). Carriots enables its users to collect, store, share data from devices, manage them and program applications. In exchange for being enabled to use the Service, you agree to abide by these Terms.
Carriots S.L. is not Liable for User Data and Content provided by other users:
Carriots S.L. does not select or screen User Data and Content, and does not review, test, confirm, approve or verify any User Data or Content or the accuracy of User Data; these Terms and Conditions, your use of the Service, Carriots’s delivery of the Service and Carriots’s access to/storing of/use of User Data and Content does not imply or create any liability on the part of Carriots for User Data provided by other users and included in the Service. Your access to and use of the Service or any content is at your own risk.
Carriots Service is provided “AS IS” and “AS AVAILABLE”:
You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Until further notice Carriots service is provided as a Beta software release which means THERE IS NO SERVICE LEVEL AGREEMENT AND NO WARRANTY OF SERVICE AVAILABILITY. Carriots S.L. DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Carriots will not be responsible or liable for any harm to any of your computer systems, loss of data, or other harm that results from your access to or use of the Service. You also agree that Carriots S.L. has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content maintained by the Service. Carriots S.L. makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Carriots S.L. will create any warranty not expressly made herein.
Registering as Carriots user by creating an account: First, you need to create a Carriots account. You create an account by providing us with an acceptable username and email address, and creating a password. We refer to this as your “Account Information.” We encourage you to use a distinct and non-obvious username and password combination, ideally one that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content, you should immediately change your password and notify our Customer Support team.
Carriots also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
Your Rights as a User:
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Carriots Software and Service, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Carriots or the Service.
Your Use of Carriots and your Content:
Your use of the Service must be in accordance with these Terms. When it comes to your use of Carriots, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content – such as data from your devices, program code (like scripts for listeners or rules), text, files of any types (images, software, videos and anything else you can think of), no matter what the form or technical structure (collectively, “Content”) – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with Carriots.
User Data and Content Protection:
- Your Data is Yours: You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Carriots a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Carriots acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content. In order to enable Carriots to operate the Service, we must obtain from you certain license and other rights to the Content you submit so that our processing, maintenance, storage, technical reproduction, back-up and distribution and related handling of your Content doesn’t infringe applicable copyright and other laws. This means that by using the Service and uploading Content, you grant Carriots a license to display, execute, and distribute any of your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers) and reproduce such Content to enable Carriots to operate the Service. You also agree that Carriots has the right to elect not to accept, post, execute, store, display, publish or transmit any Content in our sole discretion. You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your Content is stored with us), and include a right for Carriots to make such Content available to, and pass these rights along to, others with whom Carriots has contractual relationships related to the provision of the Carriots Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Carriots determines such access is necessary to comply with its legal obligations. You also represent to us that, by submitting Content to Carriots and granting Carriots the rights described in these Terms, you are not infringing the rights of any person or third party. Finally, you understand and agree that Carriots, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
Carriots Right to Modify the Service:
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any Carriots Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, execution of you program code, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use the free Carriots service, you will not enjoy all of the benefits provided to subscribers of the Carriots Premium service. You also acknowledge that a variety of Carriots actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Carriots has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
Storage of your Data and Content:
Carriots Service is available worldwide, but our data processing operations take place in Spain. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned by Carriots and third parties located in Spain and other locations in Europe and even in other countries. As a result, your use of the Service will likely result in international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions. Carriots might change the location of its data processing operations without noticing you or asking your consent.
In case your Account is Closed:
You may close your account with our Service at any time, for any reason (or no reason), and you don’t even have to give us notice. However, if you desire to deactivate your account you need to take certain specific steps, which are described in our documentation. Carriots may suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for Carriots suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) an extended period of inactivity (determined in Carriots sole discretion), (iii) your nonpayment of any fees or other sums due to Carriots or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (vi) unexpected technical or security issues or problems. In most cases, in the event we elect to close your account , we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on Carriots servers (unless we determine that we are legally prohibited from enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
Disclaimer Notice, copyright and Trademark Information:
Carriots and the Carriots logo are registered trademarks. .All other products, company names, brand names, trademarks and logos are the property of their respective owners.
Carriots has made every attempt to ensure the accuracy and reliability of the information provided on this website.However, the information is provided without warranty. Carriots does not accept any responsibility or liability for the accuracy, content, completeness or reliability of the information.
We may include or recommend third party resources, materials and developers and/or links to third party websites and applications as part of, or in connection with, the Service. We have no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications. Indemnity.
You agree to indemnify and hold Carriots, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Blog and forum:
The blog and forum service enables you to participate in blog forums on Carriots, Iot or M2M topics:
You may also post a message on the Carriots forum. You acknowledge and agree that if you submit any Content to forums, you will be solely responsible for such Content. Carriots will not be liable in any way for any such Content submitted. You further agree that you will not:
- Submit any Content, which is harassing, abusive, threatening, harmful, libellous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
- Submit any Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
- Submit any Content which contains a virus or other harmful components;
- Engage in activity that interferes with or disrupts the use of the Web Site by other users;
- Submit any Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
- Make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity;
- Make use of Carriots forum for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted without written consent.
Carriots does not prescreen, monitor or edit the Content posted or submitted to Forums. However, Carriots reserves the right to edit, limit or remove any such Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any Content you submit or post.
Carriots may establish procedures and practices relating to the use of and participation in Forums. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted and the number of days messages on the forum will be saved before deletion. Carriots will not be responsible for any Content deleted by Carriots or otherwise, or for your inability to submit any Content.
By submitting Content, via any mean, to the Carriots forum or blog, you grant Carriots a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or incorporate such Content into any form, medium, or technology now known or hereafter developed. Further, Carriots shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas. If you are not the owner of the Content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold Carriots harmless if any such Content submitted is in violation of any such rights.
When participating in any blog or forum, you may be exposed to Content that is inaccurate, incomplete or unsuitable. You should use extra caution with respect to any Content posted or transmitted on a Carriots forum or blog. Carriots urges you not to take any action based on any such Content. Carriots will not be responsible for the Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
In consideration of Carriots’ continuing efforts to enhance and improve the Platform and its associated products and services and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how, or techniques to Carriots without any compensation in return.
You also agree to execute any and all documents that Carriots may reasonably request in connection with confirming Carriots’s ownership of and unlimited right to use such ideas, concepts, know-how, and techniques.
When submitting any comments in any form to Carriots, whether it be via blog, forum, customer feedback email, or the like you, are solely responsible for the content of any comments you make. You agree that no comments submitted by you to Carriots platform will:
- violate any right of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;
- be libellous or contain libellous or other otherwise unlawful, abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;
- disparage the products or services of any third party; or contain any personal information (other than your email address or user name).
High Risk Activities:
Carriots Services are not fault-tolerant and are not designed, manufactured or intended for use as or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Services could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, Carriots and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
The Service Is Available “As Is.”:
The Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARRIOTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) CARRIOTS DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARIOTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARRIOTS, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF CARRIOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) CARRIOTS ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations:
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.