Terms of Service - Last updated: April 1, 2016
This page explains the terms of WolkAbout Technology s.r.o., Rybna Str. 14/682, 11005, Prague, Czech Republic (below “WolkAbout,” “we,”, “us” or “our”) by which you may use our websites with the domain name www.wolksense.com and www.wolkabout.com (collectively, the “Site”), WolkSense sensor data cloud service and software provided on or in connection with the WolkSense sensor data cloud which enable sensor connection to the Internet and data monitoring (collectively, the “Service”), as well as consumer electronics product WolkSensor that we manufacture, market and sell (the “WolkSensor”). WolkSense sensor data cloud enables data collection and storage, centrally monitoring of live data from computer or mobile devices (Android or iOS), visualizing historical data, creating and exporting report, as well as setting alarm rules and receiving notifications. WolkSensor is our native wireless sensor which detects movement and measures temperature, air humidity and air pressure.
As used herein, the term “Product” refers to the Site, the Service and the WolkSensor.
1. Scope and Acceptance of the Terms of Service
1.2 This document is contract, so please read it carefully: This document describes in detail your rights and our rights relating to the Product, so please review this Agreement carefully to ensure that you understand each provision. This Agreement constitute a contract between us. If you do not agree to these terms, you do not have the right to access or use our Product. If you do use our Product, your use shall be deemed to confirm your acceptance of the Agreement and your agreement to be a party to this binding contract.
1.4 Terms of Service may change in the future. According to WolkAbout evolution, due to changes in our Product and the laws that apply to us and you, changes in this Agreement are almost certain to happen. If we make a change, we will do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to this Agreement may need to be effective immediately. We'll announce changes in this document at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. If we do update this Agreement, you are free to decide whether to accept the terms or to stop using our Product. Your continued use of the Product after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Agreement. If you do not agree with all or part of the revised Agreement, do not continue to use the Product and cancel any registration you may have.
2. Use of the Services
2.2 The Product and Content are protected by EU intellectual property laws and any other intellectual property law that may apply. You acknowledge and agree that WolkAbout own all legal rights, title and interest in and to the Product and Content, including any intellectual property rights which subsist in the Product and Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Product may contain information which is designated confidential by WolkAbout and that you shall not disclose such information without WolkAbout's prior written consent.
2.3. We encourage you to use a distinct and non-obvious username and password combination, ideally one that is different from what you use for other services. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content, you should immediately change your password and notify our Customer Support team at firstname.lastname@example.org.
2.4 WolkAbout gives you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Content provided to you as part of the Product. This license is for the sole purpose of enabling you to use and enjoy the benefit of the WolkSensor you own and, as long as you have the right to be registered, to access or to use the Service, in the manner permitted by this Agreement. You shall not, and you shall not permit anyone else to, copy, reproduce, modify, translate, broadcast, perform, display, distribute, transmit, frame, republish, download, display, perform, post, transmit, sell, make a commercial use, create a derivative work, reverse engineer, decompile or otherwise attempt to extract any code from the Service and Content unless WolkAbout has expressly agreed to it in writing. You agree not to use any data mining, robots, scraping or similar data gathering methods.
2.5 No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
2.7 You agree not to: (a) take any action that imposes an unreasonable load on the Services' infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Services, (d) delete or alter any material posted on the Site by WolkAbout or any other person or entity, and/or (e) frame or link to any of the materials or information available on the Services.
2.8 Certain elements of the Product are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.4 of this Agreement. None of the Content for the Services may be retransmitted without the express written consent from WolkAbout for each and every instance.
2.9 If you believe in good faith that materials related to the Product infringe your copyright or author's rights, you (or your agent), may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices with respect to the Product should be sent to WolkAbout at email@example.com.
3. User Generated Content
3.1 The User Generated Content (the “UGC”) refers to all types of information, including the Feedbacks and Submissions, that you publish, display, upload, disclose, transmit, store, share or otherwise make available (“post”) on or through the Services or the use of your Product. This includes all data collected by the WolkSensor.
3.2 You represent that your UGC: (i) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) will not violate any law, statute, ordinance or regulation; (iii) will not be obscene or contain child pornography; (iv) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (v) will not violate any third party's rights of publicity or privacy; and (vi) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your UGC.
4. Advertising, Linking and Framing
5. Unsolicited Ideas and Feedback
5.1 WolkAbout appreciates your interest in our Product and our company, and understands that you may have comments and suggestions. However, WolkAbout does not want you to, and you should not, send any confidential or proprietary information to WolkAbout through its Services or Site, or through any other means. Please note that you have no confidentiality agreement with WolkAbout and any unsolicited information or material sent to WolkAbout will not be regarded by WolkAbout as confidential or proprietary information. You may wish to consult with an attorney before making any unsolicited submission to WolkAbout so that you can understand what will be consequences of making an unsolicited public submission to WolkAbout. If, however, you submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, the “Feedback”), please be aware that regardless of what your letter and/or any other accompanying documentation may say, you are agreeing that the following terms shall apply to your Feedback: (1) WolkAbout, and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to you; (2) there is no obligation for WolkAbout to review the Feedback and/or provide you with any commentary regarding the same; and (3) there is no obligation to keep any Feedback confidential.
5.2 Upon submitting Feedback you (1) warrant that you are the original developer and/or creator of the Feedback and are legally free to make such a disclosure and you shall be solely liable for any damages arising from your submission of any information that is protected through copyright, trade secret law, patent law or other proprietary rights and (2) understand our feedback policy as set forth in this Section and accept this policy without reservation.
6. Submissions Policy
6.1 The Services may provide you with an opportunity to post publicly comments, articles and other submissions (collectively, the “Submissions”). By posting and/or otherwise providing Submissions to the Services, you fully understand and agree to grant us with the rights described in Section 5 above. You also permit any other users to access, display, view, store and reproduce such Submissions for personal use. You acknowledge that to the extent that you include personally identifiable information in your Submissions, we may republish such information. WolkAbout furthermore reserves the right to alter and edit any Submission or refuse to accept, post, display or transmit any Submission in its sole discretion.
6.2 Although WolkAbout has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (iii) disclose any Submissions. The Submissions posted on the Site by users do not indicate any approval or endorsement by WolkAbout of such Submissions. WolkAbout is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions.
6.3 You agree that you are responsible for your own use of the Product, for any Submission you make, and for any consequences thereof. You agree that you will use the Product in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. To provide a forum where ideas can be shared in a productive and safe environment, you agree NOT to:
- Post any private information, or otherwise harvest, collect or disclose information, about another without his or her express consent;
- Post any content to the Site that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;
- Post any content to the Site that infringes any third party's intellectual property or other rights;
- Use the Product for any unlawful purpose, or transmit or otherwise make available in connection with the Services any material that would give rise to criminal or civil liability;
- Use the Product for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;
- Impersonate any person or entity, including any WolkAbout employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Imply that WolkAbout endorses any of your statements or positions;
- Take any action that imposes an unreasonable load on the server;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services;
- Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Services; and/or
- Delete or alter any material posted by any other person or entity.
7. Disclaimer of Content and Warranties
7.1 The warranty for the WolkSensor is set forth in the limited warranty available at www.wolksense.com/wolksensor.
7.2 WolkAbout, its affiliates, their respective officers, directors, employees, agents, suppliers, or licensors (collectively, the “WolkAbout parties”) make no warranties or representations of any kind, express or implied, about the Content and Services, including but not limited to their operation, accuracy, reliability, completeness, timeliness or reliability. WolkAbout endeavours to ensure the Platform’s continuous availability and fault-free functioning at all times. However, the User acknowledges that it is impossible to realise permanent availability quite simply for technical reasons and owing to dependence on external factors, e.g. in connection with WiFi networks. Therefore, the WolkAbout parties do not warrant that the Services will operate error free, will be uninterrupted or available at any time or from any particular location, or that the Services or the Content are free of computer viruses or similar contamination or destructive features. If your use of the Services or the Content causes the need for servicing or replacing equipment or data, no WolkAbout party shall be responsible for those costs. The services and content are provided on an 'as is' and 'as available' basis without any warranties of any kind, express or implied. The WolkAbout parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non infringement of third parties rights, and fitness for particular purpose.
7.3 WolkAbout from time to time carries out maintenance work on its own servers to ensure smooth operation and in order to extend its own range of offers. Moreover, we retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any WolkAbout Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. Both of these may temporarily impair the usability of the Service. As far as possible, WolkAbout shall do this work at off-peak times. The User shall be sent advance email notification of any planable tasks where it is foreseeable that normal operations will have to be interrupted. In such notification, WolkAbout shall inform the User about the nature, extent and duration of the impairment, insofar as this can be predicted.
7.4 WolkAbout has no responsibility for the availability of the WiFi connection and other telecommunication services necessary to access the Service.
7.5 WolkAbout has made every attempt to ensure the accuracy and reliability of the information provided on this website. However, the information is provided without warranty. WolkAbout does not accept any responsibility or liability for the accuracy, content, completeness or reliability of the information.
7.6 The Product is not fault-tolerant and is not designed, manufactured or intended for use as or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Services could lead directly to death, personal injury or severe physical or environmental damage (collectively, “High Risk Activities”). Accordingly, WolkAbout party disclaim any express or implied warranty of fitness for High Risk Activities.
8. Limited Liability
8.1 In no event shall any WolkAbout party be liable for any indirect, incidental, punitive or consequential damages whatsoever (including, without limitation, lost profits, lost data or business interruption) arising out of the use or inability to use, or resulting from use of the Product, whether such damages are based on warranty, contract, tort (including negligence), or any other legal theory, even if any WolkAbout party has been advised of the possibility of such damages. The WolkAbout parties shall not be subject to liability for the truth, accuracy or completeness of the content and services, or any other information conveyed to the user, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. You agree that you use the Services and their Content at your own risks.
8.2 Some countries applicable law do not allow certain of the above limitations or exclusions, in which case they may not apply to you. In such countries, the liability of the WolkAbout parties shall be limited to the greatest extent permitted by law.
9. Indemnification of WolkAbout
Upon simple request by us, you agree to defend, indemnify, and hold harmless WolkAbout from and against any losses, liabilities, damages and costs, including without limitation, reasonable legal and accounting fees, arising or resulting from any claims, actions or demands related to (i) your use or misuse of the Services, including any UGC ; (ii) your breach of this Agreement; or (iii) any breach of any intellectual property or other third party rights, or any applicable law in connection with the use of the Services. WolkAbout shall provide notice to you of any such claim, suit, or proceeding. WolkAbout reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting WolkAbout's defense of such matter.
10. Termination of the Services
10.1 These Terms of Services will continue to apply until terminated by either you or WolkAbout as set out below.
10.2 If you want to terminate your legal agreement with WolkAbout, you may do so by notifying WolkAbout at any time.
10.3 WolkAbout may, at any time, terminate its legal agreement with you if:
- you have breached any provision of this Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Agreement); or
- WolkAbout is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- WolkAbout is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services, for example in case the Services, in WolkAbout's sole opinion, is no longer commercially viable.
10.4 Without prejudice to the above, WolkAbout reserves the right, in its sole discretion, to restrict, suspend, or terminate parts of the Services or their Content at any time and for any reason without prior notice or liability. WolkAbout reserves the right to change, suspend, or discontinue all or any part of the Services or their Content at any time without prior notice or liability. You understand and agree that some of your UGC, such as that displayed outside your profile, in any part of the Site, or on any social platforms, may continue to appear on the Site or on other social platforms even after your UGC is removed from the Site or your account is terminated.
11. User Must Comply With Applicable Laws
Those Services are hosted in the EU. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the EU. If you access the Content or Services from outside of the EU, you do so at your own risk. Whether inside or outside of the EU, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Apple, the Apple logo, iPhone, iPad and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
This Agreement is governed by EU law. Any dispute resulting from this Agreement will fall within the exclusive jurisdiction of the competent EU courts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of WolkAbout to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against WolkAbout unless made by an authorized officer of WolkAbout in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by WolkAbout and you, this Agreement constitutes the entire Terms of Service between you and WolkAbout with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and WolkAbout with respect to the subject matter.
The section headings are provided merely for convenience and shall not be given any legal import.
14. How to contact us
Questions, comments, complaints and requests regarding this Terms of Service should be addressed to us by e-mail: firstname.lastname@example.org