Content in short
This version of Cloud Instance is made available ‘as is’ and on a ‘best effort’ basis. Respective fault situations can occur and are dealt with as fast as possible.
In case a Service Level Agreement is agreed for an identified group of users, then the terms and conditions set forth in this Service Level Agreement apply.
USERS OF THE CLOUD INSTANCE ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THEIR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THEIR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
1.1. The “Cloud Instance” or the “Service” shall mean the AllThingsTalk Cloud IoT Platform for makers, developers and business innovators consisting of a set of interfaces, and software-as-a-service offerings.
1.2. “Personal Login Data” shall mean a personal User identification (ID) and a password of the User (Password).
1.4. “AllThingsTalk” refers to AllThingsTalk NV, a company incorporated under Belgian law, with company number BE 0536.898.067.
2. Applicable Terms and Conditions
By accessing or using the Service, User agrees to be bound by these Terms. If User disagrees with any part of the terms then User may not access the Service.
3. Registration, Accounts, Password, Protected Access
When User creates an account, User must provide AllThingsTalk information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the account on Cloud Instance.
3.1. In the interest of reliability, safety and security and with a view to the legal implications of the transactions initiated via Cloud Instance, only a registered User may access the Cloud Instance. AllThingsTalk reserves the right to deny registration to any potential User as well as the right to declare certain subsites subject to further registration requirements, although they may have previously been freely accessible to the User.
3.2. The use of Cloud Instance requires that each User will be provided with Personal Login Data.
3.3 User may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the User without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
3.4. It is within User’s sole responsibility to keep the Personal Login Data in confidence and avoid any misconduct with regards to the use of the Personal Login Data. Personal Login Data shall not be transferred. AllThingsTalk shall not be liable for any damages resulting from any abuse of any Personal Login Data.
3.5. In case User should discover that his Personal Login Data has unintentionally been made accessible to any unauthorized and/or third party or that there might exist any danger of misuse, User shall immediately inform AllThingsTalk. User or AllThingsTalk shall then take measures to block the respective Personal Login Data and inform each other accordingly. After a danger of misuse is averted AllThingsTalk will unblock the Personal Login Data.
3.6. For safety reasons, AllThingsTalk reserves the right to lock a User ID, if an incorrect password has been entered several times. However, AllThingsTalk will be able to unlock this User ID and also assign a new password.
3.7. If the User has forgotten his password, he may receive a new one from AllThingsTalk.
3.8. In addition, the User shall not use trivial passwords, such as “Password”, “Test” or “1234” etc. AllThingsTalk reserves the right to set and enforce password minimum requirements. AllThingsTalk reserves the right to check the security of the passwords and to object to certain passwords if the required standards are not met.
4. Cancellation and Termination of Use
4.1. The User is responsible for properly cancelling his/her account. All specific User Content will be deleted from the Service within one hour upon cancellation, and cannot be recovered when this process is completed.
AllThingsTalk has no responsibility or liability for the deletion or failure to store User’s data and other communications maintained or transmitted through use of the Cloud Instance. The User is solely responsible for securing and backing up his/her User data and content.
5. Use of AllThingsTalk Cloud Instance
5.1. In order to log in to Cloud Instance, User will have to enter his Personal Login Data. Depending on the use rights of the respective account, User will then be able to use different available functions.
5.2. User may use the information and documents offered in Cloud Instance only for the purposes for which the information and documents were provided. Any other use of the information and/or documentation, especially any type of replication, alteration, or integration in any publishing or advertising of any kind is only permitted with prior, explicit and written consent of AllThingsTalk or the particular owner of the information. The information can be subject to various intellectual property rights and these property rights shall remain unaffected.
5.3. User shall not remove or alter the legends or notes referring to the existing copyrights or intellectual property rights such as patents, trademarks etc. and will respect them.
5.4. User shall not access and/or engage in any use of the Cloud Instance in a manner that (i) abuses or materially disrupts any aspect of the networks, security systems, Cloud Instance and/or websites of AllThingsTalk and/or (ii) interferes with the use of the Cloud Instance by other users. User agrees not to access (or attempt to access) the Cloud Instance by any means other than through the interfaces that are provided by AllThingsTalk in connection with the Cloud Instance, unless User has been specifically allowed to do so in a separate agreement with AllThingsTalk.
5.5. Except to the extent permitted by law, User may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Cloud Instance and/or any other aspect of AllThingsTalk technology.
6. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of AllThingsTalk and its licensors. The Service is protected by copyright, trademark, and other laws of both Belgium and foreign countries. AllThingsTalk trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AllThingsTalk.
The Cloud Instance allows User to post, link, store, share and otherwise make available certain information, data, text, graphics, videos, or other material ("Content"). User is responsible for the Content that User posts to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, User grants AllThingsTalk the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. User retains any and all User’s rights to any Content user submits, posts or displays on or through the Service and User is responsible for protecting those rights.
User represents and warrants that: (i) the Content is owned by User or User has the right to use it and grants AllThingsTalk the rights and license as provided in these Terms, and (ii) the posting of Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Cloud Instance may contain hyperlinks to web pages of third parties. AllThingsTalk shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own. AllThingsTalk does not control the information on such web pages and is not responsible for the contents and information given thereon. Neither shall AllThingsTalk be liable for the quality, correctness, nor completeness of any third party information expressly provided in Cloud Instance as third Party information.
9. Computer Viruses, Malware
Although AllThingsTalk makes every endeavour to keep Cloud Instance free from viruses and other malware that might affect Cloud Instance, AllThingsTalk disclaims any warranty and/or guarantee that Cloud Instance is virus-free. User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilise a virus scanner before downloading any information, software or documentation.
10. Limitation Of Liability
In no event shall AllThingsTalk, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The use of the Service is at the User’s sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
AllThingsTalk its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet the user’s requirements.
13. Governing Law
14. Contact Information
In case of questions about these Terms or the Service, please contact AllThingsTalk at firstname.lastname@example.org.