Toolmicro Terms and conditions for service
IN THE ABSENCE OF AN AGREEMENT personalized services, THIS AGREEMENT THE TERMS OF SERVICE TOOLMICRO ( "AGREEMENT") GOVERNING THE USE OF SERVICES TOOLMICRO ( "Services") AGREE TO THE TERMS SET FORTH BELOW. TO SIGN UP FOR E-MAIL SERVICES AND A REGISTERED USERNAME TOOLMICRO, YOU ( "USER") AGREE TO THIS AGREEMENT. SI ENTERS THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT AS IF THE TERMS "YOU", "USER" or "your" "REFERS SUCH ENTITY AND ITS AFFILIATES. IF yOU HAVE SUCH AUTHORITY, OR IF yOU DO NOT AGREE WITH THIS AGREEMENT,
You can not use the Services if Toolmicro direct competitor, except with the prior written consent of Toolmicro. In addition, you can not access online services, under any circumstances, in order to monitor its availability, performance or functionality, or for any other benchmarking or competitive purposes.
This Agreement was last updated on August 1, 2018. It is effective between you and TOOLMICRO from the date of its acceptance of this Agreement and for each instance of use of the service.
Toolmicro is a trademark and a product of Doelectric, Sl. Toolmicro say in this document is the same as Doelectric, Sl
1. Acceptance of Terms and Conditions of Service.
2. Definition of confidential information
As used herein, "Confidential Information" means all revealed by one party ( "Disclosing Party") to the other party ( "receiving party"), either orally or in writing confidential information, which is designated as confidential or to be understood reasonably. Be confidential given the nature of the information and the circumstances of disclosure. Your confidential information will include data; Our services include our confidential information online; and Confidential Information of each party shall include the terms and conditions of this Agreement as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. But nevertheless, confidential information will not include any information that: (i) is or becomes known to the general public without breach of any obligation owed to the Disclosing Party; (Ii) he was known to the receiving party before disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (Iii) is received from a third party without breach of any obligation due to Disclosing Party; or (iv) it was independently developed by the receiving party. (Iii) is received from a third party without breach of any obligation due to Disclosing Party; or (iv) it was independently developed by the receiving party. (Iii) is received from a third party without breach of any obligation due to Disclosing Party; or (iv) it was independently developed by the receiving party.
3. Protection of confidential information
Unless the Disclosing Party permits otherwise in writing: (i) the receiving Party shall use the same degree of care used to protect the confidentiality of its own confidential information of a similar type (but in no event less than reasonable care) not to disclose or use any confidential Information of the disclosing Party for any purpose outside the scope of this Agreement; and (ii) the Receiving Party shall limit access to the Confidential Information of the Disclosing Party to those of its employees, contractors, licensees and agents who need such access for purposes consistent with this Agreement.
4. Disclosure required
Receiving Party may disclose Confidential Information of the Disclosing Party if it is required by law to do so, provided that the Receiving Party shall give the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance in Disclosing part cost, if the Disclosing Party wishes to contest the disclosure. If the receiving party is required by law to disclose Confidential Information of the Disclosing Party as part of a civil process in which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Party receiving fair to compile and provide secure access to such confidential information cost.
5. User responsibilities
Users shall not: (i) allow a third party to access Online Services except as permitted herein; (Ii) create derivative works based on the Online Services; (Iii) copy, frame or mirror any part or content of the Online Services that is not copy or frame in your own intranet or otherwise for its own internal business purposes; (Iv) reverse engineer the Online Services; (V) access Online Services to build a competitive product or service or copy functions, functions or graphics of the online services; (Vi) use Online Services to store or transmit infringing, defamatory or illegal or tortuous, or store or transmit material in violation of the privacy rights of third parties; (Vii) use Online Services to store or transmit malicious code or malware, or engage in phishing or other fraudulent activity; (Viii) interfere with or disrupt the integrity or performance of the Online Services or third-party data contained therein; or (ix) attempt to gain unauthorized access Online Services, our systems, our data or networks.
The user shall: (i) be responsible for compliance with this Agreement; (Ii) be solely responsible for the accuracy, quality, integrity and legality of the means by which you acquired your data and application resources; (Iii) approved by Toolmicro celebrate with their partners and customers excluding guarantees and limiting the liability of Toolmicro due to their use of online services agreements; (Iv) make commercially reasonable efforts to prevent unauthorized access to or use of the Online Services and notify Toolmicro quickly on such access or unauthorized use; (V) use Online Services only in accordance with applicable laws and governmental regulations; and (vi) Toolmicro provide full contact information and accurate.
6. Ownership and Licensing
Subject to limited expressly granted then Toolmicro rights all rights, title and interest in and to reserve our online services and other proprietary software, including all related intellectual property rights subsisting therein. We are not granting any other right to expressly set forth herein.
What Toolmicro gives users: Toolmicro grants you a worldwide license during the term of this Agreement to use the Services to collect and display data.
What you license Toolmicro: You grant us a worldwide license to use, reproduce, transmit, display and adapt their data and application resources only when necessary to provide Toolmicro Online Services under this Agreement.
You grant us a royalty-free, transferable, sub-licensable, irrevocable and perpetual worldwide right to use or incorporate our Online Services any suggestions, enhancement request, recommendation or other comments provided by you regarding the Online Services .
Property rights held by Toolmicro
You acknowledge that Toolmicro can incorporate certain computer codes, methods, inventions, concepts and expertise in any source code, compiled code, custom software or other programming or design work delivered by Toolmicro to you ( "Deliverables") that were not or not it will be created solely for use in such deliveries. You acknowledge that these codes, methods, inventions, concepts and expertise will not become your property, and the rights that are there are on the stocks of Toolmicro and general knowledge remain in Toolmicro exclusive property without liens, without any claim of his, other than a perpetual license to use the same paid incorporated in, and just as it is incorporated into,
7. Proprietary Software
You expressly acknowledge that the existing proprietary software Toolmicro and third party software, provided by Toolmicro for use in conjunction with any Deliverable (including later versions of proprietary software our own, or third party software and upgrades provided by Toolmicro ) it is and will remain sole and exclusive property of Toolmicro or such third parties, subject only to its rights under licensing agreements for such software.
If you visit the Site or subscribe and use our service, the service will collect information related to your use of the Service and may be used, including, among others, service providers hosting platforms, email marketing for Service Providers third , payment processors and company security / fraud prevention sent through the Site. These service providers may have access to your information for the limited purpose of providing the services we have contracted to provide.
Toolmicro can collect some, all or none of the following:
Name, address, phone number, business name and email address
Logon credentials, if you create an account
Information about purchases or other transactions with us
Information about their customer service and support interactions with us
Any other information you choose to provide in connection with your use of the Service
Toolmicro only uses personal information from users to provide user services Toolmicro or to contact the user about the services or the site. With respect to any type of data the user can choose to load or display to / with Toolmicro, we take seriously the privacy and confidentiality of such data, and store such data securely recognized providers of cloud and employ standard techniques industry to protect against unauthorized data, including, among others, personal information User. Toolmicro does not share personal information without your consent, unless doing so is appropriate to carry out their own application
Toolmicro believes it is necessary to enforce our terms and conditions of service, or legally binding. We believe it is necessary to detect, prevent or address fraud, security or technical issues.
Otherwise, protect our property, legal rights or those of others.
9. Relationship parts
Toolmicro and the User are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Users are not in any way authorized to make any license, contract, agreement, warranties or representations on behalf of Toolmicro or create any obligation, express or implied, on behalf of Toolmicro except to the extent and for the purposes expressly provided for disclosed herein.
10. Communicate with Toolmicro
Toolmicro can contact the user, via email or other means provided by the user. For example, Toolmicro can send promotional emails related to Toolmicro or its partners or communicate with you about your use of the website. Toolmicro can also use technology to alert Toolmicro through a confirmation email when you open an email from us. Users can modify preferences for e-mail notification website by clicking on the proper link included in the footer of the email notifications. Toolmicro communication can be terminated by Toolmicro or user at any time without cause.
Apart from any express warranty or service-level agreement made in subsequent paragraphs in this section, excluding the events that Toolmicro and the User have signed the contract and mutually replaced replaced by the service. Toolmicro NO WARRANTY OF ANY KIND, either implicit legal or otherwise, and specifically disclaim all
implied warranties, including warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law. In addition, Toolmicro no guarantees regarding any third party software or products provided by the user. Without limiting the generality of the foregoing, does not represent or warrant that use of online services will meet your requirements or that the use of online services will be uninterrupted, timely, secure or error-free.
This service is not suitable for control tasks or high-performance monitoring or survival depends on the direct or indirect security of any living being and accept no liability if you use our services for such processes.
12. Limitation of Liability
Except for breach of confidentiality obligations and compensation in section: next INDEMNITY, each party hereto: (I) expressly waives all claims against the other for indirect, incidental or special damages (including, without limitation, claims for loss of profits, revenue), data or service interruptions) arising out of or relating to the provisions of any service or work product under this agreement; and (II) expressly accepts the ultimate responsibility for Toolmicro regarding any claim related to this agreement or the services below will be limited to the least amount of the fee received by Toolmicro for services in the previous 6 months.
Each party shall indemnify, defend and hold harmless the other against all claims, damages and expenses (including reasonable attorneys' fees and the cost of litigation) by a third party resulting from acts or omissions of the indemnifying party. in connection with their activities in relation to this agreement, your breach of this agreement, or misrepresentations related to the other party, services or this agreement, regardless of the form of action.
14. Term and Termination
This Agreement commences on the date on which the user accepts and continues until either party terminates it in accordance with this Agreement. After completion of the user's subscription to the Online Services, this Agreement will also terminate, subject to the provisions survivors.
Any termination of your subscription services online, your INFORMATION AND OTHER MATERIALS DEVELOPED BY YOU THROUGH THE USE OF ONLINE SERVICES PERMANENTLY REMOVED CAN.
15. Termination of the online service
You can cancel your subscription to the Online Services without cause at any time upon written request to Toolmicro. Such requests will be considered accepted by a written response to verify that Toolmicro received and acknowledged your request or to run the "Delete my account" options My profile of each user included in services). Toolmicro can delete your account if your account usage by third parties, this is described as misuse or if the service attempt saturation.
We may terminate your subscription to the Online Services at any time without prior cause automatically if you do not comply with any term or condition of this Agreement.
In the event of termination, unpaid and outstanding fees will be settled and paid to Toolmicro within 30 days after the end of the contract.
The following sections shall survive the termination or expiration of this agreement: Property rights held by Toolmicro, our proprietary software, warranties, limitation of liability, indemnity and general provisions.
17. Changes to the online service
As part of normal operation and updating of the Online Services, we reserve the right to improve, modify or change the characteristics of the Online Services (or any part thereof) at any time and from time to time, with or without prior notice. Notwithstanding the foregoing, we will make all commercially reasonable efforts to notify you in writing of any major change in the service that has a substantially negative material impact for you.
The services that are signed and their rates and associated levels of participation are described in https://toolmicro.com/pricing.
19. Online Service
Online services are billed annually and are non-refundable. No refunds or credits for partial months of service, rebates or refunds for months plan unused. You are responsible for paying all charges in accordance with the use of online services associated with your data and application resources, even if not used or authorized the use of the Online Services. If you cancel your subscription to the Online Services before the end of the year, the cancellation of the user will come into effect immediately and will not be charged again with the only exception that will be responsible for all charges already incurred or provided for services.
20. Fees charged
We can choose to charge fees online service through a bill, in which case Toolmicro must receive full payment of invoices issued in a given month 30 days after the invoice date or the Online Services can terminated or suspended. The unpaid bills are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. It has 30 days after receiving the invoice to dispute any charges. The changes agreed in a previous bill will be reflected in the next invoice applicable to the User.
If payment has been authorized by credit card, no additional notice or consent for billing to that credit card for all amounts (including late fees and termination fees) is not required.
To verify the validity of the method of payment, Toolmicro may choose to issue advanced by an amount equal to or less than the billing period of the first month payment. Thereafter, any use of the Online Services, in any capacity, is subject to fees online service.
21. Rate Changes
We reserve the right to change our rates ( "Rate Changes") for all services, including, inter alia, monthly and yearly subscription plan fees to online services without notice.
The user will pay each and every applicable taxes, regardless of how they designate, incurred as a result of or in connection with this Agreement or the Services, excluding taxes based on our net income. The prices displayed on the website do not include taxes are added to the total if necessary.
It is advisable to minors and children who do not use Toolmicro without the consent of their parents. By using the website, users say they have the legal capacity to enter into this binding agreement, regardless of age and authority.
24.Cambios and improvements
Toolmicro may temporarily interrupt their servers, or the availability of data for security reasons or restructuring Toolmicro computing resources to improve their services. In any case, Toolmicro make its best efforts so that such interruptions minimally affect the CUSTOMER. Toolmicro not liable for damages caused by such interruptions. Toolmicro not responsible for such interruptions, although not communicated to the Customer. Customer shall provide that these temporary cuts may occur and be their responsibility to adapt their systems so that no problems are generated.
25.Copias backup of client machines
Toolmicro backs. Disaster or server failure data existing copy, lost recover. Data from the time of the last backup until the time of the incident.
26.Sobre service "DEDICATED SERVER"
Toolmicro backs. Disaster or server failure data existing copy, lost recover. Data from the time of the last backup until the time of the incident. Dedicated Server service will be managed by Toolmicro. The end user can not access the machine / s, will have to ask Toolmicro extensions or changes, they will be valued and will communicate the possibility or not, to make these changes and the extra cost will have to assume the customer.
27. General Provisions
Notices: Any notice made under this Agreement shall be sufficient if made in writing electronic or physical form and e-mailed, certified or registered mail or delivered by mail to the addresses set at the beginning of this Agreement. The address part, digital or not, or the person designated for the purposes of any notice may be modified by written notice to the other party.
Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, proposals or prior and contemporaneous representations, whether written or oral, regarding your topic.
This Agreement, and any dispute arising out of or relating to this shall be governed solely by the internal laws of the State Spanish, regardless of conflict of law rules.
I am meeting place; Suspension of trial by jury: the courts located in Zaragoza, Spain. Shall have exclusive jurisdiction to settle any dispute arising out of this Agreement or related to it. Each party hereby consents to the exclusive jurisdiction of such courts. Each party waives any right to a jury trial regarding any action or litigation in any way arising out of this Agreement or related to it.
Export Compliance: Each party will comply with applicable laws and export regulations of Spain and other applicable jurisdictions in providing and using the Services.
Assignment: Neither party may assign any interest in this Agreement or any of its duties or rights under this Agreement without the prior written consent of the other, except that: (i) each party may assign its rights and obligations to an Affiliate that part of advance notice to the other in writing; and (ii) either party may assign its rights and obligations prior notice to the other in connection with any merger, acquisition or sale of all or substantially all of its assets.
28. Definitions agreement
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control" for the purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the entity subject.
"Online Services" refers to the online services provided by Toolmicro as described in this Agreement administered: // //cualquiersubdominio.toolmicro.com or cualquiersubdominio.ipdinamic.com, or //toolmicro.com.
"Proprietary software" means the software developed, licensed or bought by Toolmicro, including our Online Services as a whole and other software that can be implemented in integrated systems, computers, laptops and server systems.
"Services" refers to online services and, where requested, hire, and agreed accommodating development operations Toolmicro services as an extension of the services provided by us.
"We", "Us", "Our", "Company" or "Toolmicro" means IoT services a Limited Liability Corporation Doelectric based in Zaragoza Spain Rio Aragon Street nº15 Cuarte de Huerva
"You", "Your" or "User" means: (i) the company or other legal entity for which you are accepting this Agreement and its Affiliates of that company or entity; or (ii) an individual, in the case of a non-legal entity as defined in the registration information provided to us.
"Your application resources" refers to a web application server, personal computer or handheld device and configuration parameters related to us, you and / or a third party acting on behalf create and that interoperates with the Services.
"Your Data" means all electronic data or information submitted by you or devices that you or your customers or partners have, to online services.
"Your partners" and "Your customers" refers to any person or entity that is neither you nor your affiliates, but you use the Online Services while associated with its services and services provided by Toolmicro.