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End-to-End IoT |
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End-to-End IoT |
Last Updated: February 4, 2021
THIS TERMS OF SERVICE DOCUMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU AND SECURE FORWARD, LLC ("SECURE FORWARD"). THE AGREEMENT COVERS THE TERMS AND CONDITIONS UNDER WHICH YOU USE ANY WEBSITE HOSTED AT SECUREFORWARD.IO (THE "SITES"), ANY SECURE FORWARD MANUFACTURED DEVICES (THE "DEVICES"), THE DEVICE VISUALIZATION AND CONTROL SERVICES (THE "SERVICE") OR THE SOFTWARE APPLICATIONS USED TO ACCESS THE SERVICE, WHETHER A BROWSER PLUG-IN OR OTHER CLIENT OR MOBILE SOFTWARE USED TO ACCESS THE SERVICE (THE "SOFTWARE"). PLEASE READ ALL OF THE AGREEMENT'S TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES, THE SERVICE, THE DEVICES, OR THE SOFTWARE. IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS, AND INDICATE YOUR ACCEPTANCE, YOU WILL NOT BE PERMITTED TO ENROLL FOR THE SERVICE. IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SITES, THE DEVICES, THE SERVICE, OR THE SOFTWARE AND ANY ACCESS BY YOU SHALL CONSTITUTE UNAUTHORIZED ACCESS SUBJECT TO CRIMINAL AND/OR CIVIL PENALTIES. BY CLICKING "I ACCEPT" WHEN ENROLLING FOR THE SERVICE AND/OR USING THE SITES OR THE DEVICES OR BY INSTALLING THE SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT THIS AGREEMENT IS AS ENFORCEABLE TO THE SAME EXTENT AS ANY WRITTEN AGREEMENT ON PAPER SIGNED BY YOU.
ANY DISPUTES OR CLAIMS (collectively, "Claims") ARISING OUT OF THIS AGREEMENT, THE SITES, THE SERVICE, THE DEVICES, AND/OR THE SOFTWARE SHALL BE SETTLED BY BINDING ARBITRATION. ARBITRATION SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING CLAIMS. Arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Santa Clara County, California U.S.A. The language of the arbitration shall be English. Nothing in this Agreement shall be construed to preclude Secure Forward from seeking injunctive relief, damages, or other relief based on a breach of Section 14 or 18, or an infringement of Secure Forward's Intellectual Property Rights (defined below) in and to the Service, Devices, Sites, Site Content (as defined below), or the Software. The parties irrevocably consent to the jurisdiction of the federal and state courts located in Santa Clara County, California for the purpose of resolving any action at law or in equity not subject to arbitration arising out of or relating to this Agreement, or brought by Secure Forward arising out of or relating to this Agreement. To the maximum extent permitted by applicable law, no arbitration or claim under this Agreement by a User (defined below) shall be joined with any other arbitration or claim, including that of another User, and no class arbitration proceedings shall occur, and you waive any rights to class arbitration. You must bring any claim, action, or proceeding against Secure Forward no later than two (2) years after the claim or cause of action arose.
a. "Registered Users" are parties that register to use the Service. If the person registering is acting as an employee or agent of an organization, that person and his or her employer or principal are collectively the "Registered User" and this Agreement is binding on both that person and his or her employer or principal.
b. "Visitors" are persons viewing the Sites with a computer or other Internet-enabled device who are not a Registered User.
c. "Users" are, collectively, any and all Registered Users, Visitors, and parties that have downloaded and/or used the Software.
a. Secure Forward will provide the Service to Registered Users. Visitors are not entitled to use the Service. The Service enables Registered Users to visualize and control the Devices provided by Secure Forward and connected to the the Service. This may involve uploading messages and files ("User Content") to the Service.
b. You acknowledge and agree that the Service is subject to Secure Forward's policies concerning the maximum size of a message or file that a Registered User may upload to the Service, and the maximum amount of User Content a Registered User can store.
You also acknowledge and agree that Secure Forward provides software to use the Service in the form of a client and/or mobile app and that such software is subject to the terms of this agreement.
c. "Site Content" means Secure Forward-provided text, images, graphics, video, sounds, links, software, their selection and arrangement, and their look and feel on the Sites. Secure Forward provides access to the Sites and the Site Content subject to the terms and conditions of this Agreement.
In order to use the Service to visualize and control Devices, you must become a Registered User. Membership in the Service is void where prohibited. You will not be allowed to become a Registered User if you are under the age of thirteen. If you are under the age of thirteen, you are not authorized to use the Sites, the Devices, or the Service, and any access by you shall constitute unauthorized access. If you apply to be a Registered User, you represent and warrant that you are at least the age of thirteen, that all of the information in your application is accurate, current, and complete.
a. In the registration process, the Service may provide you with a passcode. You must safeguard this passcode and agree not to disclose it to any third party. You agree to take sole responsibility for any activities or actions that result from use of this passcode, whether or not you have authorized such activities or actions. You must immediately notify Secure Forward of any unauthorized use of your passcode and/or computer or device used for the purpose of registering with the Service.
You agree to keep your contact information listed on your account current and accurate; Secure Forward will have no liability for failure to authenticate users or deliver notices that result from inaccurate contact information or otherwise. You may update your contact information at any time on the Profile page of the Service.
You agree to pay the current fee for becoming a Registered User and periodically renewing your subscription, as well as paying for all applicable taxes applicable to use of the Service. When you register to use the Service, and at any time thereafter, you can select the subscription level you prefer (based on the number of Devices) and the frequency with which you will pay for it with recurring charges to your credit card. Secure Forward is entitled to change its subscription levels and current fees from time to time.
If you are a User, Secure Forward hereby grants you a limited non-exclusive, non-transferable license to use and view the Sites and Site Content, and (if you are a Registered User) to use the Software to access the Service. If you are a Registered User, Secure Forward hereby grants you a limited non-exclusive, non-transferable license to use the Service in accordance with your level of membership.
Secure Forward shall provide reasonable support for the Service, the Devices and Software by e-mail, but has no obligation to provide any other support for the Sites, Site Content, Devices, Service, or Software to you or any other party.
Secure Forward protects the privacy of its Users by its Privacy Policy, linked here. This Agreement and your use of the Sites, Service, and Software are subject to the Secure Forward Privacy Policy, which is incorporated by reference in this Agreement.
You are solely responsibility for the accessibility and integrity of all User Content that you upload to Secure Forward servers through use of the Service. You acknowledge and agree that Secure Forward will not be responsible for, and bears no liability for, any failure of the Service to store User Content, for the deletion of User Content stored on the Service, or for the corruption of or loss of any data, information or content contained in User Content.
"Intellectual Property Rights" means all forms of intellectual property rights and protections, now known or hereafter established, that may be obtained for, or may protect, Site Content, User Content, the Sites, the Devices, the Service, the Software, or other technology, which includes, but is not limited to, all right, title, and interest in U.S. and foreign patents and patent applications; trade secret and nondisclosure rights; copyrights; and trademarks, service marks, trade names, product names, and brand names. "Intellectual Property Rights" also include any author rights, including but not limited to moral rights, and any right to publicity.
You must not use the Service to store or share any material that infringes any copyrights or other Intellectual Property Rights of any party. Secure Forward shall be entitled to terminate your account if you repeatedly infringe or are believed to be infringing the Intellectual Property Rights of any party.
Secure Forward reserves the right, in its sole discretion, at any time, to remove User Content in the course of its administration of the Service or that it believes to be in violation of this Agreement.
Secure Forward and its licensors own all right, title, and interest, including but not limited to all Intellectual Property Rights, in and to the Service, the Devices and the Software. The Service, the Devices and the Software are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except in connection with the use of the Service as permitted in this Agreement, you may not access the servers or server software providing the Service ("Server Software"); resell or redistribute the Service; or copy, modify, or prepare derivative works of the Software, or the Server Software.
Secure Forward does not claim any ownership rights or Intellectual Property Rights in any User Content that you provide to the Service. Notwithstanding the foregoing, by providing User Content to the Service, you grant Secure Forward a royalty-free non exclusive, worldwide, transferable, and sublicensable license to use, copy, distribute and process User Content on the Sites and through the Service on your behalf for the purpose of providing the Service.
Secure Forward, the Secure Forward logo, and all other Secure Forward trademarks, service marks, product names, brand names, and trade names of Secure Forward appearing on the Sites and Service (collectively, "Secure Forward Marks") are the sole property of Secure Forward. All other trademarks, service marks, product names, brand names, and trade names appearing on the Sites and Service are the property of their respective owners. Nothing in this Agreement grants you any license or ownership in any of the Secure Forward marks.
Certain features and functionality of the Service and the Devices are implemented through use of software or technology that is licensed to Secure Forward by third parties, and incorporated in the Service, the Devices and/or Software.
As a condition to your use of the Service, you shall not:
Secure Forward will have the right to investigate and seek the prosecution of violations of any of the above, including without limitation possible infringement of any Intellectual Property Rights and possible security breaches, to the fullest extent of the law. Secure Forward may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Secure Forward has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, and/or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Secure Forward reserves the right at all times to disclose, in its sole discretion, any User Content as necessary to (a) satisfy any law, regulation, or governmental request, (b) respond to any request for User Content pursuant to judicial or administrative process, or (c) mitigate or prevent what Secure Forward considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.
The Service may contain links to third-party websites. You acknowledge and agree that Secure Forward is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Secure Forward of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
Secure Forward performs system maintenance on a regular basis to ensure high quality of service. Secure Forward uses commercially reasonable efforts to ensure that the Service is available for use during this time. Secure Forward will use reasonable efforts to perform all maintenance during its pre-scheduled maintenance windows. Currently, the maintenance window is between 12 a.m. and 6 a.m. Saturday, U.S. Pacific Time (08:00-14:00 GMT).
a. As a Registred User, you may cancel your subscription at any time by submitting a support request. If you are a Registered User whose account is billed annually, if you cancel within fourteen (14) days of the beginning of the annual term, Secure Forward will refund to you 90% of the subscription fees paid for the then-current term. If you are a Registered User and you cancel an account that is billed on a monthly basis, or you cancel an annual account after the first fourteen (14) days, Secure Forward will not refund any fees paid by you. Instead, your account will remain active for the remainder of the term for which you paid.
b. Secure Forward reserves the right to discontinue the Service or to change the Service at any time and without notice, except that Secure Forward will provide notice of such discontinuation.
c. In the event of such discontinuation by Secure Forward, Secure Forward will refund any fees paid by you, if any, prorated proportionally to the amount of time remaining in the then-current subscription period. For month-to-month accounts, that period is one month, and for annual accounts, that period is one year.
d. If you breach this Agreement, Secure Forward will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, Secure Forward will not be required to refund any fees paid by you.
e. Sections 1, 2, 11, 12, 14, 16, 18, 19, 20, 22, 23, 24, 25, 26, 27, and 28 shall survive the termination of this Agreement for any reason.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE SITES, THE SITE CONTENT, AND THE SOFTWARE ARE AT YOUR OWN SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA CAUSED BY THE SERVICE, THE SITES, THE SITE CONTENT, OR THE SOFTWARE. THE SERVICE, THE SITES, THE SITE CONTENT, AND THE SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECURE FORWARD AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ARE RESPONSIBLE FOR DETERMINING THAT THE SERVICE, THE SITES, THE SITE CONTENT, AND THE SOFTWARE MEET YOUR REQUIREMENTS, AND HAVE THE QUALITY THAT YOU NEED, AND SECURE FORWARD AND ITS LICENSORS DISCLAIM ANY SUCH RESPONSIBILITY. SECURE FORWARD AND ITS LICENSORS MAKE NO WARRANTY THAT THE SERVICE, THE SITES, OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, THAT THE SERVICE ELIMINATES ALL SECURITY RISKS, THAT THE INFORMATION OR SITE CONTENT ON THE SITES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE, SITES, SITE CONTENT, OR SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
You will defend, indemnify, and hold harmless Secure Forward, its officers, directors, members, affiliates, employees and agents (collectively, the "Indemnified Parties"), from and against any claims, demands, suits, actions, judgments, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
a. Your breach of warranty or any provision of this Agreement or false representation
b. Any violation of applicable law by you
c. Any User Content you provide to the Service
d. Any and all allegations by third parties against one or more Indemnified Parties
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL SECURE FORWARD OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, OR THE COST OF PROCURING SUBSTITUTE SERVICES, EVEN IF SECURE FORWARD OR ANY OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL SECURE FORWARD'S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, THE SERVICE, THE SITES, THE DEVICES, THE SITE CONTENT, OR THE SOFTWARE WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED THE FEES PAID BY YOU TO SECURE FORWARD IN THE PREVIOUS TWELVE (12) MONTHS. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF DAMAGES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Secure Forward may provide you with notices, including those regarding changes to the Service by e-mail or by postings on the Service. You will provide all notices required or permitted under this Agreement by nationwide overnight courier service that tracks delivery to Secure Forward, LLC, Attention: Legal, 800 West El Camino Real, Suite 180, Mountain View, CA 94040.
This Agreement shall be governed by the internal laws of the State of California, USA without giving effect to its conflicts of laws principles. This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by you and an authorized representative of Secure Forward. You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. Secure Forward may freely assign these Terms of Service and the rights granted hereunder, and may freely delegate its duties hereunder, without restriction. The unenforceability of any provision or provisions of this Agreement shall not render unenforceable or impair its remainder. If any provision of this Agreement is deemed invalid or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The failure of Secure Forward to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings in this Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of this Agreement.