Terms of Service
Published on: 12th October, 2016
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND THINGSPAGE, INC. (hereinafter “ThingsPage”, “we,” “our,” or “us”) GOVERNING YOUR USE OF THINGSPAGE SERVICE (hereinafter “Service(s)”. PLEASE READ THE FOLLOWING TERMS OF SERVICE (the “TERMS”) CAREFULLY BEFORE USING THE SERVICE.
Acceptance of Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. Your use of the Services will signify your agreement to be bound by the Terms.
If you do not agree to these Terms and conditions, do not proceed. If you choose to register or create an account to use the Service, you agree to be bound by the TERMS. You also acknowledge that your submission of the credit card payment form serves as your agreement to these TERMS.
Description of the Service
The Service uses sensor software (the “Sensor”) to monitor and authenticate networking devices in your organization. The Sensor is downloaded and installed at each of your Local Area Network to discover, detect and authenticate devices at each network domain. Data from multiple Sensors is collected and aggregated on the cloud server for reporting. The Sensor uses a secure HTTPS connection to communicate with the cloud server. You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet to use the Services.
Administrative User Account
You need to sign up for an administrator account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if ThingsPage has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, ThingsPage may terminate your user account and refuse current or future use of any or all of the Services.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. The Beta Services may contain bugs, errors and other problems and you agree and acknowledge that ThingsPage makes no representation or warranty of any kind with respect to the Beta Services. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that ThingsPage will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Services after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Personal Information and Privacy
Communications from ThingsPage
The Service may include certain communications from ThingsPage, such as service announcements and administrative messages. You understand that these communications shall be considered part of using the Services.
End User Interactions
If you use the Services for providing services to your end users including co-workers, customers and guests you are entirely responsible for all interactions with them. ThingsPage will not interact with your end users directly. You are solely responsible for providing the services requested by your end users and for providing all necessary technical assistance to them. You agree to enter into a suitable agreement with your end users clearly specifying the scope of services offered by you and to communicate to them that ThingsPage will not be responsible to them for any service offered by you using the Services. In no event shall ThingsPage have any obligation to provide support services directly to any non-administrative end users. You also agree to indemnify and hold ThingsPage harmless against any claim by your end users relating to any service offered by you using the Services.
Fees and Payments
Paid Subscriptions are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. If you do not inform us, you will be presumed to have authorized ThingsPage to charge the subscription fee to the Credit Card last used by you.
You will not have the option of requesting refund of any payment made by you. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available at https://www.thingspage.com/pricing.
Unauthorized and illegal activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive Administrative User Account Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of your end user account data. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant ThingsPage the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for ThingsPage’s commercial, marketing or any similar purpose. But you grant ThingsPage permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
ThingsPage, ThingsPage logo, the names of individual Services and their logos are trademarks of ThingsPage, LLC. You agree not to display or use, in any manner, the ThingsPage trademarks, without ThingsPage’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. THINGSPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THINGSPAGE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR TIMELY. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH USE OF THE SERVICES SHALL BE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR NETWORK, COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THINGSPAGE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT THINGSPAGE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THINGSPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THINGSPAGE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless ThingsPage, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by ThingsPage.
ThingsPage agrees to indemnify and defend you, your officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the Services infringe or violate any valid U.S. patent, copyright or trade secret right of any third party; so long as you provide; (i) prompt written notice to ThingsPage of such claim; (ii) cooperate with ThingsPage in the defense and/or settlement thereof, at our expense; and, (iii) allow ThingsPage to control the defense and all related settlement negotiations.
Suspension and Termination of Administrative User Account
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Similarly, you have the right to terminate your user account if ThingsPage breaches its obligations under these Terms and in such event, you will be refunded the subscription fee for the unused portion of the subscription period. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.