Acceptance Of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by Pimato. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Pimato from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. Pimato may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
We do not guarantee that our Sites, or any content on our Sites, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Modification Of Terms Of Use.
Pimato reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Pimato may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy.
Pimato’s current privacy statement is located at https://pimato.com/privacy (“Privacy Policy”) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy@pimato.com.
Rules And Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any data, data streams, images, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Pimato or its partners on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any material on or through the Service, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (“spamming”);contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of Pimato or any third party; or impersonates any person or entity, including any employee or representative of Pimato.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Pimato in its sole discretion) an unreasonable or disproportionately large load on Pimato’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Pimato may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites or to conduct a denial of service attack on the Sites or the Service.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, or (ii) modify any part of the Service. You shall abide by all applicable local, state, national and international laws and regulations.
Pimato reserves the right to remove any Content from the Sites or the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Pimato is concerned that you may have violated the Terms of Use), or for no reason at all.
Pimato is not responsible for viruses and you must not introduce them.We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Registration.
As a condition to using certain aspects of the Service (including but not limited to the Platform Tools), you will be required to register with Pimato and select a password and screen name (“Operator Login”). You shall provide Pimato with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Pimato account.
You shall not (i) select or use as an Operator Login a name of another person or entity with the intent to impersonate that person or entity; (ii) use as an Operator Login a name subject to any rights of a person or entity other than you without appropriate authorisation; or (iii) use as an Operator Login a name that is otherwise offensive, vulgar or obscene. Pimato reserves the right to refuse registration of, or cancel an Operator Login at any time and in its sole discretion.
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Pimato password. You shall never use another user’s account. If you choose, or are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential and you must disclose it to any third party. You will immediately notify Pimato in writing of any unauthorised use of your account, or other account-related security breach of which you are aware.
Non-Commercial Use.
The Service and the Platform Tools are more completely described at https://pimato.com/solutions, such description which may be revised by Pimato from time-to-time without notice. Your use of the Service is limited to demonstrative and non-commercial applications only. You acknowledge and understand that you are required to enter into a Master Platform Agreement with Pimato should you intend to use the Service for commercial gain or to charge third parties for any use of the Service. You shall not use the Service for more than 10,000 IoT devices or Active Digital Identities (as defined by the Service documentation) and more than 1 Gigabyte of User Data (as defined below).
You shall not transact with the Service or cause the Service to be transacted with at a rate greater than an average of 1 transaction per minute as measured over a period of one hour. You shall not resell the use of the Service to any third party. You may not charge any third party fees for the use of the Service.
Pimato reserves the right to require payment of fees for your use of the Service should Pimato determine that you are making use of it outside the scope of service envisaged by these Terms of Use, such determination being at Pimato sole discretion. Pimato reserves the right to suspend or terminate your use of the Service at any time.
Third-Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Pimato’s control, and you acknowledge that Pimato is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
The inclusion of any such link does not imply endorsement or approval by Pimato or any association with its operators; the links are provided for your information only. You further acknowledge and agree that Pimato shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Links To Third-Party Sites.
If you follow any of the links you find on this Site, our privacy policy does not extend to third party sites.
Rules About Linking To Our Sites.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Sites in any website that is not owned by you. Our Sites must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
No High Risk or Emergency Services.
You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service that could directly affect human life and safety (“High Risk & Emergency Services”).
Pimato, its affiliates or staff are in no way liable for such communications. You recognise and agree that Pimato is not required to offer High Risk & Emergency Services or access thereto pursuant to any applicable local and or national rules, regulation or law.
Pimato And Site Content.
Pimato is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You agree that the Service contains Content specifically provided by Pimato or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) except as expressly authorised by an applicable and separate agreement or with the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorise you to do so, download or copy the Content, and other items displayed on the Sites for download, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content except as expressly authorised in an applicable agreement or for personal, noncommercial use is expressly prohibited without prior written permission from Pimato, or from the copyright holder identified in such Content’s copyright notice. You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
