Terms of Use

 

 

 

1. DEFINITIONS

1.a. “Simfony” means the entity Simfony Mobile S.R.L..

1.b. “Services” means the any and all services and hosted software applications provided by Simfony, including but not limited to, the Simfony IoT Platform, Simfony SIM cellular connectivity, Simfony website and any other software services offered by Simfony.

1.c. “User” means yourself and any entities you represent.

1.d. “Products” means both the physical products produced and sold by Simfony, and the firmware, provided by Simfony, that is programmed onto certain of these physical products.

1.e. “Third Party Products” – includes but is not limited to applications, websites, APIs, software, or hardware that interacts with, uses or connects to any Simfony Products or Services.

1.f. “Website(s)” means any web domains owned, operated, branded or co-branded by Simfony.

1.g. “APIs” means any API (Application Programming Interface) owned and operated by Simfony.

 

2. GENERAL TERMS

2.a. This legal agreement between User (you) and Simfony (“Terms”) applies to User and User’s use of any and all Simfony Products, Services and Websites.

2.b. By using any of the Products or Services provided by Simfony, User acknowledges that User has read and agreed to these Terms and Conditions and Privacy Policy. If User does not agree to these Terms and Conditions or the applicable Privacy Policy, User will not use the Products, Services or Websites.

2.c. These Terms of Use will remain in full force and effect while User uses the Products and Services.

2.d. Simfony reserves the right to make updates, changes or improvements to Services from time to time with or without notice. Simfony will attempt to make User aware of the changes prior to installation if considers them significant but makes no promises.

 

3. ACCOUNT CREATION AND USE

3.a. In order to access certain Services, User must create an account with Simfony with a valid email address and password.

3.a.1 By creating an account, User is confirming that any and all information User provides upon registration is accurate and complete. User is also certifying that User is (1) over the age of 13 and (2) allowed to legally use these services and is not barred from doing so by any legal entities.

3.a.2 Only one account may be created per unique email address.

3.a.3 User is responsible for the confidentiality of User login information and is fully responsible for the activities of User account.

3.a.4 User agrees to notify Simfony immediately if User has a reason to believe User account has been compromised or User suspects unauthorized use of own account. Simfony cannot and will not be liable for any loss or damage arising from User’s failure to comply with the above requirements.

3.b. When User sets up an account, User is agreeing to all Terms & Conditions outlined in this agreement, including but not limited to the User bearing the sole responsibility for any and all activities, communications or behaviors that occur under User’s account or with any Products and Services connected to User’s account.

3.c. By creating an account, User grants Simfony the ability to interact with any and all Products, hardware and Services connected to User’s account. Interactions may include reading data from sensors, controlling physical actuators, and otherwise interfacing with the physical world. Once User has set up this account, Simfony will continue to have access to Products, hardware and Services connected to User’s account until User specifically revokes access by altering own settings or closing own account.

3.d. Simfony reserves the right to revoke User’s access to User’s account if it suspects User is engaged in (1) activities that violate this agreement, (2) unauthorized or suspected illegal activities.

3.e. After account has been initially set-up, this agreement will be binding on any active users of Product or Services. User, the account creator, will continue to be responsible for all Products and devices connected to his or her account. If Account Creator allows others to use Products or Services connected or associated with the Account, it becomes the Account Creator’s responsibility; All terms apply to any user.

3.f. User and any legal entity connected to the account remain responsible for informing any person and/or entity to whom User provides access to Products or Services connected to User account of their own use responsibilities and these terms which they accept by using any Products or Services. User agrees to indemnify Simfony for any damages that may arise if accounts, Products or Services are shared with others.

 

4. USE OF PRODUCTS AND SERVICES

4.a. By using any and all Simfony Products and Services, User agrees to abide by all applicable local, state, national, foreign and international laws and regulations and User agrees that User will be solely responsible for all acts or omissions that occur under User’s account or password, including the content of User’s transmissions through the Service.

4.b. User further agrees to not use Products or Services to: (a) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products or Services; (b) engage in, or enable others to engage in, illegal activities; (c) access or attempt to access the accounts, materials, information, computer systems, networks or devices owned or created by Simfony or otherwise , through password mining or any other means; (d) violate, tamper with, or circumvent the encryption codes or technological protection measures of the Services; (e) solicit personal information from anyone under the age of 18.

4.c. User acknowledges and agrees that User is solely responsible for compliance with all legal, regulatory and safety-related requirements concerning User products and projects, and any use of Simfony Products or Services in its applications. By creating products and projects using Simfony Products and Services, User represents and agrees that User has all the necessary expertise to: (1) create and implement safeguards which anticipate dangerous consequences of failures; (2) monitor failures and their consequences; (3) lessen the likelihood of failures that might cause harm; and (4) take appropriate remedial actions. Products and Services are not recommended, authorized or warranted for use in military, air craft, space, life saving, or life sustaining applications. User will fully indemnify Simfony and its representatives against any damages and/or losses arising out of the use of any Simfony components in safety- or security-critical applications.

4.d. Simfony may provide an opportunity to interact with, interface with, and use Third Party Products.

4.d.1 These Third-Party Products are not Simfony Products and Services and User agree that Simfony is not responsible for damages or loss that may be caused by them.

4.d.2 Once User has granted authorization to a Third Party, it will continue to be able to send and receive messages to designated products (Simfony Products or otherwise), share data with Simfony, access parts of User Account and interact with Simfony in ways User has granted permission until User specifically revokes access by altering User’s own settings.

4.d.3 User releases Simfony for any future claims, liabilities or damages arising from (1) the behavior or actions of Third Party Products or their owners, or (2) resulting from User’s use of the APIs or Third-Party Products that access data via the APIs.

4.e. User may at points use Services, including the Application Program Interface, to control, access or provision access to User account and products (Simfony products or otherwise) connected to User account.

4.e.1 The terms of this agreement also cover the use of the APIs through a Third-Party Product that accesses Simfony.

4.e.2 Abuse or excessively frequent requests to any Simfony API may result in the temporary or permanent suspension of User account’s access to the API and other Services. Simfony, at its sole discretion, will determine abuse or excessive usage.

4.e.3 Simfony reserves the right at any time to modify or discontinue, temporarily or permanently, User access to the API (or any part of Services thereof) with or without notice.

4.f. If User chooses to update firmware on Products with code not provided by Simfony, the code and results are User’s responsibility.

 

5. PURCHASES

5.a. Purchases made from Simfony are intended for end-users only and are not for commercial resale. If you’re interested in reselling Simfony Products, please contact Simfony at contact@simfonymobile.com to receive details and authorized approval.

 

6. WARRANTY; WARRANTY DISCLAIMER

6.a. Except as set forth below in Section 6.4 Simfony does NOT warrant that (i) Services and Products will meet User’s specific requirements, (ii) Services and Products will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Services and Products will be accurate or reliable, (iv) the quality of any Services, Products, information, or other material purchased or obtained by User through Simfony will meet expectations, and (v) any errors in the Service will be corrected.

6.b. Services are subject to sporadic interruptions and failures for a variety of reasons beyond Simfony’s control, including, but not limited to, cellular intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Simfony is not responsible for any damages allegedly caused by the failure or delay of the Services.

6.c. You acknowledge that Simfony uses third party service providers to enable aspects of the Services and Products –such as, for example, but not limited to, data storage, synchronization, and communication through third-party servers, and mobile device notifications through mobile operating system vendors and mobile carriers.

6.d. In the event that Simfony ceases to operate its business, or files or has filed against it a petition under bankruptcy or insolvency law which remains undismissed after sixty (60) days, Simfony warrants that cellular connectivity provided by the Simfony Global SIM will remain active.  All pricing and service contracts will be honored by Simfony’s cellular carrier partners under the same pricing and terms as conveyed by Simfony. Simfony will, to the best of their ability, work to transfer the full title of their licenses and agreements to User insofar as they pertain to cellular connectivity provided by the Simfony SIM.

 

7. LIMITATION OF LIABILITY

7.a. You expressly understand and agree that Simfony shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Simfony has been advised of the possibility of such damages) resulting from: (i) the cost of procurement for substitute products or services; (ii) the interruption of use or loss or corruption of data; (iii) actions or choices by any third parties using Services or Products; (iv) the interruption of access to or inability to access Services; (vi) Access, authorized or unauthorized, to Your data, or Your devices (Simfony Products or otherwise) making use of Services (v) Your use of the Services (including the APIs or Third-Party Products that access data via the APIs) or Products.

7.b. Force Majeure: No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse User’s liabilities and obligations.

 

8. INDEMNIFICATION

8.a. You agree to indemnify, defend and hold Simfony, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorney fees), arising out of or relating to Your use of Products or Services; this includes User’s use of Products or Services in a project, product, device or any other item that User sells, passes or gives to another person.

 

9. EVERYTHING ELSE

9.a. This agreement shall be governed by the laws of Romania.

9.b. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Romania or another location mutually agreeable by the parties.

9.c. If Simfony does not immediately enforce any aspect of these provisions it does not mean that Simfony approves of, allows, or will not enforce said provisions in the future.

9.d. Simfony reserves the right to modify this Agreement, including policy or rule changes at any time. Simfony reserves the right to make changes and/or update these terms of service from time to time by posting them on the Simfony website. Continued use of our services will imply acceptance of these updated terms.

9.e. The section headers in this agreement are for structure only.

9.f. Questions about these Terms and Conditions can be directed toward contact@simfonymobile.com.