Assent to Be Bound
By clicking the "I accept the terms..." checkbox on the IoT Platform page, by executing a written copy of this Agreement, or by installing, or otherwise using the Services, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, open, install or use the Services or product package.
Your Stuff & Your Permissions
When you use our Services, you might provide us with things like your files, programs, sketches, content, and so on ("Your Stuff"). Your Stuff is yours. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff and backing it up. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
You're responsible for your conduct, Your Stuff and you must comply with our Acceptable Use Policy (found below). Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy (found below). With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
Our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, basic6 trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you. Title to the Services and all copies thereof remain with basic6 and/or or its suppliers. These Services are copyrighted and are protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, basic6 does not grant any express or implied right to you under basic6 patents, copyrights, trademarks, or trade secret information. All error corrections, bug fixes, patches, updates, or other modifications shall be the sole property of basic6.
You agree that, unless otherwise specifically provided herein or agreed by basic6 in writing, the Services and the Documentation, including the specific design and structure of individual programs and the Services, provided to you by basic6 constitute confidential proprietary information of basic6. You shall permit only authorized users, who have signed up on the IoT Platform page and agree to these terms, to use the Services or to view the Documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of basic6. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Services provided to you by basic6. You will use your best efforts to cooperate with and assist basic6 in identifying and preventing any unauthorized use, copying, or disclosure of the Services, Documentation, or any portion thereof.
Grant of License
Subject to the terms and conditions of this Agreement, basic6 hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Services in accordance with the Documentation, and (ii) to copy Services for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of any Services or documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the Services shall not be deemed derivative works); (b) copy the Services except as provided in this Agreement or elsewhere by basic6; (c) separate Services, which is licensed as a single product, into its component parts. (d) sublicense or permit simultaneous use of the Services by more than one user; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Services (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Services in a timesharing or service bureau arrangement, or otherwise transfer rights to any Services. You may NOT transfer the Services under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (h) publish any results of benchmark tests run on any Services to a third party without basic6 prior written consent; or (i) install basic6 technology on more devices than have been licensed, or use more data than has been licensed.
Acceptable Use Policy
You agree not to misuse the basic6 services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or services other than your own without appropriate authorization;
- abuse referrals or promotions to increase the number of authorized devices;
- circumvent authorized number of devices limits;
- sell the Services unless specifically authorized to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others.
basic6 will provide technical support via email at [email protected]. basic6 will also provide phone support on a per contract basis. basic6 reserves the right to stop providing phone and or email support at any time and will make a best effort of notifying users if it does so.
Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
No Refunds. You may cancel your basic6 Paid Account at any time but you won't be issued a refund unless it's legally required.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BASIC6 AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
Provision of any Services under this Agreement shall not create any obligation for basic6 to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Services either to Licensee or to any other party. BASIC6'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR INSTALLATION OR USE OF THE SERVICES AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO BASIC6 BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL BASIC6 BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF BASIC6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
United States Government Restricted Rights
The Services and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
These Terms will be governed by Connecticut law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction. Any claim or dispute arising in connection with these Terms shall be resolved in the federal or state courts situated within the District of Connecticut. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
You acknowledge that Services are of U. S. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Services, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
These Terms constitute the entire agreement between you and basic6 with respect to the subject matter of these Terms, and supercede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
basic6's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. basic6 may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
Copyright (C) 2015 Basic6, Inc. All rights reserved. basic6 is a registered trademark of Basic6, Inc. This product is based on a technology that is the subject matter of a number of pending patent applications. Address: 320 Post Road West, Westport, CT 06880; [email protected]