Terms of Service
Effective: December 3, 2021
Buildings IOT ("BIOT") and its subsidiaries, Operational Technology Integrators ("OTI"), and Kodaro, LLC ("Kodaro"), collectively hereinafter referred to as ("Company"), own and operate various software products and services both online and offline and hosted in public and private cloud systems.
When we say "Company", "we", "our", or "us" in this document, we are referring to Buildings IOT, OTI and Kodaro. When we say "Service" or "Services", we mean any product and service created and maintained by BIOT, OTI or Kodaro. This includes onPoint, IOT Jetstream, and the Ontology Alignment Project ("OAP"). When we say "You" or "your", we are referring to the people or organizations that own an Account with one or more of our Services.
By accessing and using the Services, now or in the future, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Company reserves the right to update and change these Terms of Service without notice. This applies for any of our existing and future products and services and all features that we add to our Services over time.
There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
Violation of any of the terms below may result in the termination of your account.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction.
- You must provide your legal full name and a valid email address in order to complete the account creation process.
- Each login may only be used by one person – a single login shared by multiple people is not permitted. As a partnering organization, you can request additional log-ins for as many members of your staff as needed.
- All users must be human. Accounts registered by “bots” or other automated methods are not permitted.
- We offer several different subscription plans for our Services. The applicable subscription plan depends on your choice selected before the Account and Services are commissioned. Administrators and Organization Owners of your Account can choose to change your plan at any time. General information about our plans can be found on our website. All fees quoted are exclusive of VAT or any other taxes that may be application in your jurisdiction. For additional information on our Subscription Plans, please contact one of our representatives at BIOT. The Administrators and Organization Owners of your Account may upgrade or downgrade the Subscription Plan at any time during the Subscription Term, upon which we will apply the respective fees on a pro-rata basis.
- Following your current Subscription Term, we reserve the right to amend the Subscription Plans and/or Subscription Term at any time or introduce new fees and/or subscription levels or charges. We will provide you with thirty (30) calendar days' written notice in advance during which your Administrators and Organization Owners of your Account will have the right to unsubscribe from, or change the current Subscription plan should they not agree with these amendments.
- You may be authorized to use the Services through a license with an authorized third-party reseller, but these Terms of Service apply to your use of the Services.
Cancellation and Termination
- We strive to maintain consistent, ongoing and happy relationships with our customers and partners but we understand if priorities change as the years go by. Our work is dictated by the Scope we agree upon and the POs that are signed along the way. If our contractual relationship is up for renewal and you'd like to move in a different direction, your data is yours to take.
- You can cancel your account by contacting your Account Manager at BIOT. If you need to find the contact info of your BIOT Account Manager, please send us an email at email@example.com
- All of your content will be inaccessible from the Services when the cancellation has been processed. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
Modifications to the Service and Prices
- The Company will make changes, updates and enhancements to the Service frequently to ensure we stay current with the latest security, design and workflow trends.
- New service agreements and scopes for additional development projects may be subject to pricing changes. A detailed pricing breakdown will be available for all agreed upon SOWs.
- No new development work will progress without payment in agreed-upon terms.
Uptime, Security, and Privacy
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We do not offer service-level agreements for our Services but do consider exceptions on a case-by-case basis. However, we do take uptime of our applications seriously. Visit https://status.iotjetstream.com/ to see the status of our Services.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We implement and maintain physical, technical and administrative security measures designed to protect your data from unauthorized access, destruction, use, modification, or disclosure. We take many measures to protect and secure your data through backups, redundancies and encryption. We enforce encryption for data transmission from the public Internet. Please refer to our Security Overview for the full details.
- To help you with support requests you make.
- When an error occurs that stops an automated process.
- To safeguard BIOT. We'll review logs and metadata as part of our work to ensure the security of your data and the Services as a whole.
- To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches BIOT for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If BIOT is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of our subprocessors in the subprocessors policy.
We offer Application Programming Interfaces ("API"s) for some of our Services (onPoint and IOT Jetstream). Customers may access their Services data via the API. Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
- We reserve the right to update and change the API at any time to stay current with the latest security trends and improve upon the API to enhance the user's experience.
Data Validation and Content Ownership
- The Company does not pre-screen data in your platform. All data validity is solely at the mercy of the devices providing data into our platform.
- We claim no intellectual property rights over the material you provide to and within the Service. All materials uploaded and work completed within the platform remains yours.
- As between the Company and you, the Company owns all right, title, and interest, including all intellectual property rights, in and to the Service. If you or any of your representatives sends or transmits any communications or materials to us, suggesting or recommending changes to the Service, we are free to use such communications or materials.
- Technical support is only provided to the extent listed in your service agreement.
- Although you are allowed full read/write capability (depending on your access level determined by project owners) to manage, monitor and maintain the systems linked into the Service, you may not modify, adapt or hack the Service itself.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
- The Company does not warrant that (i) the service will be uninterrupted or error-free, and (ii) the results that may be obtained from the use of the service will be accurate or reliable. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
Adapted from the Basecamp open-source policies