InVIEW IIoT Platform SaaS (Software As a Service) Agreement

April 10, 2020

 

1. APPLICABLE TERMS

inVIEW IIoT Platform is a service provided by INIT TECHNOLOGIES DOO NOVI SAD (“INIT TECHNOLOGIES“, “we” or “us“), located in Serbia, Novi Sad, Heroja Pinkija Street no. 95. Your use of inVIEW IIoT Platform (hereinafter “Service“) is subject to the terms of this Agreement (hereinafter:”Terms“). Please also read our Privacy Policy, which is an integral part of this agreement.

 

2. ACCESS TO AND USE OF SERVICE

What is inVIEW IIoT Platform? The inVIEW IIoT Platform from INIT TECHNOLOGIES is a Cloud solution for remote supervisory, control and data acquisition projects. It is utilized for visualization and control of any kind of real-world automated processes or applications using web-browsers and for the gathering of data from the automation equipment or IoT devices. inVIEW IIoT Platform can be used in industrial, residential, infrastructure or even home automation projects.

You may use inVIEW IIoT Platform to browse, locate, view or stream Service on your PC, laptop, smartphone or smart TV (“Device”). To use inVIEW IIoT Platform, you will need a Device that meets the system and compatibility requirements for the relevant Service, working Internet access, and compatible software. INIT TECHNOLOGIES is not responsible for and does not endorse any service made available through inVIEW IIoT Platform that originates from a source other than INIT TECHNOLOGIES.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In this case YOU and YOUR refers to such entity. You may not use these services if you do not have such authority or if you do not agree with the Terms, therefore in this is the case you may not click the I ACCEPT button.

Age Restrictions. In order to use inVIEW IIoT Platform, you must create a valid account on the InVIEW website (“InVIEW Account”). If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use inVIEW IIoT Platform and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific Service or features on inVIEW IIoT Platform.

Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Service and inVIEW IIoT Platform.

Information about You. INIT TECHNOLOGIES’ privacy policies explains how we treat your personal data and protect your privacy when using inVIEW IIoT Platform. We may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Service to you. Providers agree to use this information in accordance with their privacy policies.

Unauthorized Access to Accounts. You are responsible for protecting your user account and for your account activities, please make sure to keep your user account and password secure. You must not share your account details with anyone else. You must not collect or harvest any personal data of any user of inVIEW IIoT Platform or of any user of Service via inVIEW IIoT Platform, including account names.

Disabled Accounts. If INIT TECHNOLOGIES disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing inVIEW IIoT Platform, your account details or any data that is stored with your accounts.

Malware protection. To protect you against malicious third party software, URLs, and other security issues, INIT TECHNOLOGIES may receive information about your Device’s network connections, potentially harmful URLs, the operating system.

Changes to these Terms. If the Terms change, you will be duly notified, and the new Terms will be effective from the date of notice. Your continued use of inVIEW IIoT Platform following such notice will indicate your acceptance of the new Terms. The new Terms will apply to your use of Service. If you do not agree with such changes, you will be given the opportunity to terminate your use of the inVIEW IIoT Platform.

 

3.PURCHASES AND PAYMENTS

Free Service.  We may allow you to download, view or use Service free of charge. Additional limitations may apply to your access and use of Service.

Access to Service. Service will be available to you after you agree to these Terms. In case you opt for Premium package INIT TECHNOLOGIES will conclude a separate agreement with you in which the price, scope of services and other technical and commercial terms will be defined. These Terms will also apply to services provided within premium packages unless otherwise stated in this separate agreement.

Payments.  In order to subscribe to Service, you must create an account on this link https://platform.inVIEWscada.com/#/user-registration and agree to these Terms. You are responsible for all amounts payable associated with your use of Service.

Payment Processing Methods.  INIT TECHNOLOGIES may make available to you one or several payment processing methods in order to facilitate the subscription of Service through inVIEW IIoT Platform. You must abide by any relevant terms and conditions or other legal agreement, whether with INIT TECHNOLOGIES or a third party, that governs your use of a given payment processing method. INIT TECHNOLOGIES may add, remove or change payment processing methods at its sole discretion. If, for whatever reason, your credit card cannot be charged, you will first receive a warning notice. If this issue is not resolved within the next 30 days your access to inVIEW IIot Platform will be terminated. We do not collect any information about your credit cards and are not responsible in case of abuse.

Pricing and Price Changes. Subscription prices are available on this link https://www.inviewscada.com/pricing/. Pricing and availability of Service are subject to change at any time prior to or after the subscription. In case of price change, new prices will be available to users on the aforementioned link. When you subscribe, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription changes later, we will notify you. The change will apply to the next payment due from you after the notice. If you do not wish to pay the changed price for subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then current subscription rate.

Taxes. “Taxes” means any duties, customs fees, levies or taxes associated with the use of Service (except for income tax), including any related penalties or interest. You are responsible for any Taxes and must pay for Service without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of inVIEW IIoT Platform and subscription to Service on or through inVIEW IIoT Platform. The reporting and payment of any such applicable Taxes are your responsibility.

Subscriptions. Subscriptions are automatically charged monthly. You will be charged the first day after the 30-day subscription period expires. You will be notified about this charge via email.

Cancellations. You may cancel a subscription at any time before the end of the applicable billing period and the cancellation will apply to the next billing period. You may cancel your subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period, unless explicitly approved by us. You will be charged for the tags used prior to cancellation.

Account upgrade. You can upgrade or downgrade your account at any moment. When you upgrade your account, you will pay the new subscription price. You can even switch from a paid plan to the free one. Any plan change will take effect upon our approval. However, you will be charged for the tags used before the plan change takes effect.

Refund Policy. INIT TECHNOLOGIES may, in its sole and absolute discretion, allow a refund of the fee paid in exchange for our services within 15 days from the date of the payment at hand. If a customer requests a refund and the refund is approved by INIT TECHNOLOGIES, the money for the requested transaction is refunded back to the customer, in part or whole. Refunds will only be credited back to the account used to make the original purchase. If the original account no longer exists, the service is not eligible for a refund. Only services directly provided by INIT TECHNOLOGIES will be refunded, i.e. no refund is available for fees pertaining to services provided by third parties through INIT TECHNOLOGIES.

We will accept your request for a refund in the following cases: if you provide a valid reason for requesting a refund within 15 days of payment or a valid report that the charge was fraudulent or unauthorized, if it is needed in order to comply with credit card industry rules, payment processor’s rules or applicable law and regulations, in case the request is from verified judiciary or law enforcement agents or for any other reason INIT TECHNOLOGIES deems appropriate.

 

4.RIGHTS AND RESTRICTIONS

License to Use Service. After completing a transaction or paying the applicable fees for Service, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to store, access and view the applicable Service on your Device solely for your internal business or personal operations. All rights, title and interest in inVIEW IIoT Platform not expressly granted to you in the Terms are reserved. We retain all ownership and intellectual property rights of the inVIEW IIoT Platform. We retain all ownership and intellectual property rights to anything developed and delivered under the agreement.

Violation of Terms. If you violate any of the Terms, your rights under this license will immediately terminate, and INIT TECHNOLOGIES may terminate your access to inVIEW IIoT Platform, the Service or your InVIEW account without refund to you.

Restrictions: You may not:

  • use (in part or in whole) inVIEW IIoT Platform as part of any public performance or display unless specifically permitted by us and only in the exact manner provided;
  • sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign inVIEW IIoT Platform to any third party including with regard to any downloads of Service that you may obtain through inVIEW IIoT Platform except as specifically permitted by us and only in the exact manner provided;
  • use inVIEW IIoT Platform in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of Service that is presented to you in streaming format;
  • use inVIEW IIoT Platform as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by us and only in the exact manner provided;
  • attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to inVIEW IIoT Platform.
  • remove any watermarks, labels or other legal or proprietary notices included in Service, or attempt to modify inVIEW IIoT Platform including any modification for the purpose of disguising or changing any indications of the ownership or source of Service.

inVIEW IIoT Platform Reporting.  If you want to report abuse or other Service violations, you can contact us by sending an e-mail to office@inVIEWscada.com

Defective Service. Once Service is available to you through your account, you should check the Service as soon as reasonably possible to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect.

Restriction or Unavailability of Service. Subject to the Terms, Service that you are subscribed to will be available to you for the period selected by you as long as INIT TECHNOLOGIES has the right to make such Service available to you. In certain cases (for example if INIT TECHNOLOGIES loses the relevant rights, a Service is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), INIT TECHNOLOGIES may restrict your use of Service that you have subscribed to. You may be given notice of any such restriction or cessation, when possible.

Dangerous Activities. Service is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Service could lead to death, personal injury, or severe physical or environmental damage.

Illegal/Unlawfull Activities. By agreeing to these Terms, you agree that you will not use the Service for any illegal or unlawful activities and that you will not upload any content that may be considered as copyright infringement. We are not responsible for the activities you carry out when using Service as well as for the uploaded content. You agree to indemnify INIT TECHNOLOGIES or any third party for all damages incurred through your usage of Service in a manner not in accordance with these Terms.

Disclaimer. INIT TECHNOLOGIES does not guarantee that the services will be performed error-free or uninterrupted, or that we will correct all services errors. You acknowledge that INIT TECHNOLOGIES does not control the transfer of data over communications facilities, including the internet, and that the service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. INIT TECHNOLOGIES is not responsible for any delays, delivery failures, or other damage resulting from such problems or it’s usage in general. To the extent not prohibited by law, these warranties are exclusive and there are no other express or implied warranties or conditions including for hardware, systems, networks or environments or for merchantability, satisfactory quality and fitness for a particular purpose.

Governing Law. This Agreement is governed by the laws of the Republic of Serbia excluding its conflicts of law provisions.

Jurisdiction. Any dispute arising out of this Agreement will be resolved in front of a competent court of the Republic of Serbia.

For more information you can visit our site: https://www.inVIEWscada.com/ or contact us at office@inVIEWscada.com.