PLEASE READ THESE TERMS TERMSOF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE OUR WEBSITES, PRODUCTS OR SERVICES. IF YOU ARE USING THE SENSORPUSH PRODUCTS OR SERVICES ON BEHALF OF ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON SUCH ENTITY'S BEHALF AND THAT SUCH ENTITY AGREES TO BE RESPONSIBLE TO US IF YOU VIOLATE THESE TERMS.
We may modify the Terms at any time, in our sole discretion. If you continue to use the Sites, Software, or Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may no longer use the Sites, Software or Services. Because our offerings continue to evolve, we may change or discontinue all or any part of the Software or Services, at any time and without notice, in our sole discretion. NOTWITHSTANDING THE FOREGOING, THIS RIGHT TO MODIFY SHALL NOT INCLUDE THE AGREEMENT TO ARBITRATE SET FORTH BELOW. NO PART OF THE AGREEMENT TO ARBITRATE MAY BE AMENDED, DISCHARGED, MODIFIED, OR WAIVED EXCEPT IN A WRITING SIGNED BY BOTH PARTIES.
The SensorPush hardware product you have purchased (“Product") is subject to the following limited warranty (“Limited Warranty"). This Limited Warranty contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you, in connection with your use of the Product.
SensorPush warrants that the Product will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (the "Warranty Period"). Subject to the “Claims Process," described below, if a defect in the Product arises within the Warranty Period, SensorPush will, subject to applicable laws, have the option, in its sole discretion to: (a) repair or replace the covered unit with a new or refurbished Product or Product component; or (b) refund the original unit purchase price upon the return of the defective Product.
This Limited Warranty does not cover the following: (a) Products marked as ‘sample’ or ‘Not for Sale’, or sold ‘AS IS’; (b) Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs; (ii) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by SensorPush; (iii) abuse or misuse of the Product; (iv) breakdowns, fluctuations, or interruptions in electric power or telecommunications network; (v) where the Product is used with a jailbroken or rooted mobile device; (vi) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (vii) use of the Product with any non-SensorPush-branded hardware products, even if packaged or sold with such products; or (c) defects in the Sites, Software, Services, or SensorPush Content. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product.
To initiate a Warranty Claim, you must supply details regarding the date and method of Product purchase and the issue encountered with the Product. Please email our team at email@example.com or you may visit http://www.sensorpush.com/support.
If we determine that you have submitted a valid claim as the original purchaser of the Product prior to the end of the Warranty Period, we will send you a Return Material Authorization (“RMA"). An RMA is required in order to return any Product to SensorPush. You must return the defective Product together with proof of Product purchase from SensorPush or an authorized SensorPush reseller, including date of delivery, to the address specified by us in the RMA. You shall bear all costs of returning the Product to SensorPush, including any insurance you elect to purchase. SensorPush is not responsible for any Product lost or destroyed in shipping during the Claims Process.
You acknowledge and agree that by mailing the Product to us, SensorPush may not return the original Product to you. Upon receipt of the returned Product, SensorPush will determine whether you have met the requirements of the Claims Process. If the Limited Warranty claim is accepted, we will, in our sole discretion: (a) refund amounts paid by you for the Product; or (b) repair or replace the Product and return it to you at our expense. Any such repaired or replaced Product shall be covered by the Limited Warranty for the remainder of the original Warranty Period... If we determine that you have not met the requirements of the Claims Process, we will, in our sole discretion, return the Product to you (subject to your prepayment of shipping costs) or dispose of the Product.
EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY ABOVE, THE PRODUCTS, SITES, SOFTWARE, SERVICES, AND SENSORPUSH CONTENT ARE PROVIDED “AS IS" AND “AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SENSORPUSH DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT MEASUREMENTS OR RELATED INFORMATION OR DATA YOU RECEIVE THROUGH THE SOFTWARE OR THE SERVICES (“Product Data") WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT DATA OR USE OF THE PRODUCTS, SERVICES, SOFTWARE OR SENSORPUSH CONTENT WILL PROTECT YOUR PREMISES OR YOUR PERSONAL PROPERTY FROM ANY DAMAGE OR DESTRUCTION. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT, PRODUCT DATA, SOFTWARE, SERVICES AND SENSORPUSH CONTENT, ARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SENSORPUSH DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER REAL AND PERSONAL PROPERTY, RESULTING FROM YOUR USE OF THE PRODUCT, PRODUCT DATA, SOFTWARE, SERVICES AND SENSORPUSH CONTENT.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SENSORPUSH, OR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ("SensorPush Parties") BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY (INCLUDING DEATH); FOR LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS, SITES, SOFTWARE, SERVICES, OR SENSORPUSH CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE OR OTHERWISE; OR (B) ANY DIRECT DAMAGES INCURRED BY THE ORIGINAL PURCHASER IN EXCESS OF THE AMOUNTS ACTUALLY PAID FOR THE PRODUCT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the liability of SensorPush Parties shall be the minimum permitted under applicable law.
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you (a) are 13 years of age or older; (b) have not been previously suspended or removed from the Services; (c) do not have more than one online account with SensorPush; and (d) have full power and authority to be bound by these Terms and that, in doing so, you will not violate any other agreement to which you are a party.
You may connect to the SensorPush Gateway using the Products; the Software;; or through the use of an API developed by you or a third party strictly in accordance with Appendix 2, below; or our Sites. You may not connect to the SensorPush Gateway with: (a) any device that is not manufactured, distributed, or sold by or on behalf of SensorPush (such as a knock off or counterfeit version of a Product); (b) any device that intends to resemble or purports to be the Product or SensorPush-compatible product; or (c) any application developed using the API other than in accordance with Appendix 2. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the SensorPush Gateway. If you have questions about whether we have authorized any third party product or application to access the SensorPush Gateway, please contact firstname.lastname@example.org.
Full use of the SensorPush Gateway is dependent upon your use of a supported mobile device and Internet access. Costs associated therewith are your sole responsibility. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality.
In order to access and use certain features of the Services, you may be required to register for an online account. In order to create an account, you must provide a valid email address and strong password. You are responsible for all activity that occurs in association with your account. SensorPush is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. We may need to contact you about your use of the SensorPush Gateway. These communications are part of the Services and you may not opt-out from receiving them. In consideration for your use of the Services, you agree to: (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
As part of the Services, you may receive push notifications, text messages, alerts, emails, or other types of messages sent to you within or outside the mobile application ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages (with the possible exception of infrequent, important service announcements and administrative messages) through the mobile application or otherwise through your mobile device. Please be aware that third party messaging fees may occur for Push Messages depending on the message plan you have with your wireless carrier.
You hereby expressly acknowledge that SensorPush or its licensors own all legal right, title and interest in the Sites, Software, Services, and SensorPush Content. SensorPush reserves all rights not expressly granted in and to the Sites, Software, Services and SensorPush Content. SensorPush and the SensorPush logo are trademarks that belong to SensorPush. Other trademarks, names and logos associated with the SensorPush offerings are the property of their respective owners. Unless otherwise specified in these Terms, all Product Data is the sole property of SensorPush or its partners or licensors.
SensorPush grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites, Software, Services, SensorPush Content and Product Data solely for your personal, non-commercial use in connection with the Products, and solely in accordance with these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license (including sub-license), transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any of your rights to access and use the Sites, Software, Services, SensorPush Content, or Product Data, or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SensorPush or its licensors, except for the licenses and rights expressly granted in these Terms.
If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, Sites, Software, Services, or SensorPush Content ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
At SensorPush, we strive to provide helpful and accurate information to you through the SensorPush Gateway, and the Software. The accuracy of the Product Data collected and presented through the Services, and the Software are not intended to match that of medical devices or scientific measurement devices. While we aim for the Services, and the Software to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The SensorPush Gateway, and the Software are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi and network intermittency, service provider uptime, mobile device providers and carriers, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the Services, or the Software. You acknowledge and agree that the Services, whether standing alone or when interfaced with third-party products or services are not intended or certified for emergency response. We make no warranty or representation that use of the Services, or the Software with any third-party product or service will result in any level of safety. We are not responsible for the accuracy, reliability, effectiveness, or correct use of Product Data. If you rely on any SensorPush Content or Product Data, you do so solely at your own risk.
WARNING: The Products, the Software and the SensorPush Gateway are not fault-tolerant. The Products, the Software and the SensorPush Gateway are not designed or intended for use in any situation where any failure or fault of the Products, the Software or the SensorPush Gateway could lead to death or serious bodily injury of any person, or to severe damage to real or tangible personal property, or environmental damage (“High Risk Use"). You are not licensed to, and you agree not to, use the Products, the Software or the SensorPush Gateway in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft navigation and control of other modes of human mass transportation, nuclear or chemical facilities, medical or emergency services.
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services ("Customer Content"), and its legality, reliability, and appropriateness. You should only upload or post Customer Content that you create or have the right to use and publish. By uploading or posting your Customer Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Customer Content in connection with providing the Services. You agree that we can also make your Customer Content available to other users of the Services, who may view and/or use your Customer Content, subject to these Terms.
We have the right (but not the obligation) to review any or all portions of Customer Content and delete (or modify) any of Customer Content from the Services for any reason, including if we believe, in our sole judgment, your Customer Content violates these Terms, or threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action if you violate any provision of these Terms, including removing your Customer Content from the Services (or modifying it), suspending or terminating your account, suspending or terminating your access to the Services, or reporting you to law enforcement authorities. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or Customer Content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Customer Content, and your conduct.
You agree not to do any of the following in connection with your use of the Products, Sites, Software, and Services:
You will indemnify and hold harmless the SensorPush Parties, as defined above, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Software, the Sites or the Services, (ii) Customer Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
It is our policy to remove, or disable access to, material that infringes any third party copyright on the Sites or accessible through the Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on the Sites or through the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
Notice of claims of copyright infringement should be sent to our Copyright Agent either by email to email@example.com or by mail to SensorPush, PO Box 211, Garrison, NY 10524.
The Sites and the Services may contain links to content or services provided by third parties ("Third -Party Links"). These Third-Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third-Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third-Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third-Party Links are subject to their own terms and policies, including privacy and data gathering practices.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Software or Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to the Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access your account or any Customer Content or Product Data associated therewith.
You agree that any dispute between you and SensorPush arising out of or relating to these Terms, the Products, or the Services (collectively, “Disputes") will be subject to the following:
Informal Dispute Resolution: We want to address your concerns without resorting to legal action. Before filing a claim against SensorPush, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or SensorPush may bring a formal proceeding.
YOU AND SENSORPUSH AGREE TO RESOLVE ANY DISPUTES THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS SET FORTH UNDER EXCEPTIONS TO AGREEMENT TO ARBITRATE BELOW.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States County where you live or work, Brooklyn, New York, or any other location we agree to. The judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be experienced in and knowledgeable about legal issues related to ecommerce and software as a service. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. SensorPush will pay all arbitration fees for claims less than $75,000. SensorPush will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or SensorPush may assert claims, if they qualify, in small claims court located in Brooklyn (NY) or in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use of the Services, Software or SensorPush or Customer Content, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Governing Law: The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State New York without regard to its conflict of laws principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
No Class Actions: You may only resolve Disputes with SensorPush on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under these Terms.
Judicial Forum for Disputes: You and SensorPush agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Kings County, New York. Both you and SensorPush irrevocably consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related in any way to your use of the Products must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SensorPush may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by SensorPush under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; (ii) by posting to a Site; or (iii) through a Push Message. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Any failure by SensorPush to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SensorPush.
Please contact us if you have any questions about these Terms: firstname.lastname@example.org.
The Additional Terms for Commercial Use set forth in this Appendix 1 modify the SensorPush Terms of Service, for certain limited commercial uses of the Products, Sites, Software and Services. Capitalized terms not defined herein shall have the meanings set forth in the Terms.
The terms of this Appendix 1 shall apply if you:
COMMERCIAL USE DOES NOT INCLUDE USING THE PRODUCTS, SITES OR SOFTWARE FOR THE INTERNAL USE OF YOUR BUSINESS, SUCH AS MONITORING CONDITIONS IN BUILDINGS YOUR BUSINESS OWNS, OR CONTROLS, AND USES SOLELY FOR ITS INTERNAL OPERATIONS, AND NOT FOR THE BENEFIT OF THIRD PARTIES.
We may modify this Appendix 1 at any time, in our sole discretion. If you continue to use the Products, Sites, Software, or Services for Commercial Use after we've notified you that this Appendix 1 been modified, you are agreeing to be bound by the modified terms of Appendix 1. If you don't agree to be bound by the modified terms of Appendix 1, then you may no longer use the Products, Sites, Software or Services for Commercial Use. Because our offerings continue to evolve, we may change or discontinue all or any part of the Products, Sites, Software, Services, or API at any time and without notice, in our sole discretion.
You agree to provide any Commercial Offering pursuant to a services agreement that: (a) is at least as protective of SensorPush as the terms set forth herein; (b) requires customers to agree to the Terms prior to having any access to the Products, Software or the Services; (c) causes SensorPush to be a third party beneficiary of your rights under such services agreement; (d) acknowledges that you are not a representative or agent of SensorPush, and have no legal authority to act on behalf of our bind SensorPush to any agreement and that such services agreement does not create any legal or binding obligations between SensorPush and your customer; (e) disclaims any and all warranties with respect to the Products, Software and Services and irrevocably releases SensorPush from any and all liability for damages, whether direct or indirect, incidental or consequential, arising out of a Commercial Offering or the customer’s access to or use of the Products, Sites, Software, or Services; and (f) explicitly prohibits High Risk Use.
SensorPush carefully limits the use of its logos. You may not use any SensorPush logo without our express prior written consent. Any "fair use" of the SensorPush trademarks is limited to text-only references to the SensorPush product and service names, and excludes SensorPush logos. If you use the SensorPush trademarks in this manner, you must: (a) be truthful, (b) not disparage SensorPush, and (c) not mislead the public. You must be clear and accurate as to the nature of the relationship between SensorPush and your company, its products, and its services. All ownership rights in the SensorPush trademarks belong exclusively to SensorPush or its licensors. You obtain no ownership or license rights in or to the SensorPush trademarks as a result of this Appendix 1. All use of the SensorPush trademarks or variations thereon shall inure solely to the benefit of SensorPush or its licensors.
You hereby represent and warrant on an ongoing basis that:
It is the intention of the parties that you and SensorPush be independent contractors. Under no circumstances shall either of us be deemed an agent, joint venturer, partner or employee of the other for any purpose. You shall solely be responsible for payment of all compensation, withholding and other taxes, workers’ compensation, and all other employee benefits relating to any work performed by you. At SensorPush’s request, you agree to provide documentation satisfactory to SensorPush, of adequate insurance coverage relating to, but not limited to professional and general liability, bodily injury and property damage, and workers’ compensation coverages applicable to any Commercial Offering.
Except as expressly amended herein with respect to Commercial Use, the Terms shall remain in full force and effect.
The Additional Terms for Use of APIs set forth in this Appendix 2 (“API Terms") supplement the SensorPush Terms of Service with respect to your use, if any, of a SensorPush API unless: (i) you have entered another agreement with SensorPush that expressly supersedes these API Terms and governs your use of SensorPush APIs or (ii) the API documentation specifically identifies other API terms. Capitalized terms not defined herein shall have the meanings set forth in the Terms. For the purposes of this Appendix 1, the definition of Software set forth in the Terms shall include any SensorPush API.
By accessing or using a SensorPush API, including within a software application, website, tool, or product you create or a service you offer (your "Application"), you are agreeing to the terms of this Appendix 2 and to comply with any accompanying documentation that applies to your use of an API ("API Terms"). We may change, amend or terminate the API Terms at any time. Your use of a SensorPush API after any change or amendment means you agree to the new API Terms. If you do not agree to the new API Terms or if we terminate these API Terms, you must stop using the SensorPush API.
"Customer" means the user of a Product, and if the user is an organization, includes their administrators and end users.
"SensorPush API" means (i) any form of machine accessible application programming interface that SensorPush makes publicly available which provides access to the SensorPush Gateway or Product Data, including all associated tools, elements, components and executables therein, (ii) any SensorPush sample code that enables interactions with the SensorPush Gateway or Product Data, and (iii) documentation that SensorPush makes available to help enable your implementation of a SensorPush API.
Subject to your compliance with all of the API Terms, SensorPush grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the SensorPush APIs to develop, test, and support your Application, and allow Customers to use your integration of the SensorPush APIs within your Application. You may use the SensorPush APIs only as expressly permitted in these API Terms. Violation of these API Terms may result in the suspension or termination of your license to use the SensorPush APIs.
You may NOT:
You warrant that your Application has been developed to operate with SensorPush API content in a secure manner. Your network, operating system and the software of your servers, databases, and computer systems (collectively, "Systems") must be properly configured to securely operate your Application and store content collected through your Application (including the SensorPush API content). Your Application must use reasonable security measures to protect the private data of your users.
We may use technology to detect, prevent or limit the impact of any issues caused by your Application (before or instead of suspension of your access). This may include, for example, filtering to stop spam or limiting your access to the SensorPush APIs.
In the event of a data breach by you resulting from or related to any aspect of a SensorPush API involving your Application or any data collected through your Application, you will promptly contact SensorPush at email@example.com) and provide details of the data breach. You agree to refrain from making public statements (e.g. press, blogs, social media, bulletin boards, etc.) without prior written and express permission from SensorPush in each instance as it relates to a SensorPush APs.
You must comply with all laws and regulations applicable to your use of the data accessed through the SensorPush APIs, including without limitation laws related to privacy, data protection and confidentiality of communications. Your use of the SensorPush APIs is conditioned upon implementing and maintaining appropriate protections and measures for your Application that processes data obtained through the use of the SensorPush APIs. For the data you obtained through the SensorPush APIs, you must:
For data protection purposes, nothing in these API Terms shall be construed as creating a joint controller or processor- subprocessor relationship between you and SensorPush.
WE MAY CHANGE OR DISCONTINUE THE AVAILABILITY OF SOME OR ALL OF THE SENSORPUSH APIs AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE. Such changes may include, without limitation, removing or limiting access to specific API(s), requiring fees or setting and enforcing limits on your use of the SensorPush APIs. We may also impose limits on certain features and services or restrict your access to some or all of the SensorPush APIs. We may release subsequent versions of the SensorPush APIs and require that you use those subsequent versions, at your sole cost and expense.
WE MAY MODIFY THESE API TERMS AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE TO YOU. YOUR CONTINUED USE OF THE SENSORPUSH APIs FOLLOWING THE RELEASE OF A SUBSEQUENT VERSION OF THESE API TERMS WILL BE DEEMED YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THESE API TERMS.
If you give feedback about the SensorPush APIs to SensorPush, you give to SensorPush, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires SensorPush to license its software or documentation to third parties because SensorPush includes your feedback in them. These rights survive these API Terms.
You may be given access to certain non-public information, software, and specifications relating to the SensorPush APIs ("Confidential Information"), which is confidential and proprietary to SensorPush. You may use Confidential Information only as necessary in exercising your rights granted under these API Terms. You may not disclose any Confidential Information to any third party without SensorPush's prior written consent. You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.
Because the SensorPush APIs are provided "as is," we may not provide support services for them. You are solely responsible for the quality of your Application and providing support for your Application.
Please contact us if you have any questions about these Terms: firstname.lastname@example.org
SensorPush PO Box 211Garrison, NY 10524