The following Terms and Conditions (hereinafter referred to as the “Terms”) govern your use of the Iotics App (hereinafter referred to as the “App”) and https://iotics.live/ website (hereinafter referred to as the “Website”) and all content, products, and services available at or through the App and Website (collectively referred to as the “Services”). The App and Website are developed and operated by the Iotics team (hereinafter also referred to as the “Owner”, “Iotics”, “we”, “us” or “our”).
You agree and acknowledge that these Terms are a legally binding agreement between you and the Owner, which governs your use of the App and Website. Please read the Terms carefully before accessing or using the App or Website. By accessing and using the App or Website, you acknowledge that you have read, understood, and agree to be bound by the Terms. The Terms are subject to your acceptance without modifying any provisions and conditions contained herein. If you do not agree with the Terms, please do not continue the use of the App and/or the Website.
We reserve the right to revise these Terms from time to time. When we make revisions, we will post them on the Website and the App, which will be effective immediately upon posting. You agree to check the Terms periodically to be aware of any changes that might take place.
Content
- Use of the App
- Software and Open-Source Licenses
- Eligibility for using the App
- Content of the App and Website
- Your rights to use the Services
- Access to external resources
- Unlawful Use of the Services
- Paid Subscriptions
- Automatic Renewal and Cancellation of the Paid Subscriptions
- Intellectual Property Rights of Iotics
- Notice about Copyright Infringement
- Disclaimer of Warranties and Representations
- Limitation of Liability
- Indemnification
- Governing Law and Dispute Resolution
- General Terms
- Contact Us
1. Use of the App
Iotics is a developer and owner of a server-client-based smart home management system that helps you to manage and control multiple smart devices in your smart home with the App. The App is accessible in desktop, mobile, and tablet versions.
2. Software and Open-Source Licenses
We use open-source code to run our App, which is available under an open-source license that constitutes a separate agreement. Access to the App requires you to download and install Home Assistant OS on your server (hereinafter also referred to as the “Software”). We recommend the installation of the Home Assistant Operating System version for the App to run properly.
The Software is licensed to you and not sold, subject to the terms of the Creative Commons ShareAlike license of Home Assistant. There might be provisions in the open-source license that expressly override the provisions of these Terms. This license enters into force through your installation or use of the Software. All rights and licenses not expressly granted to you under the Software license terms are retained by Home Assistant.
3. Eligibility for using the App
To access or use the App or Website, you must be 18 years and over and of legal competence to agree to the use of the App and the Website in accordance with these Terms. If you are under 18, please do not submit any personal information. If a parent or guardian becomes aware that their child has provided us with information without their consent, they should contact us. We will delete such information from our files as soon as possible.
4. Content of the App and Website
Unless otherwise specified, all information and materials available within the App and Website are owned and provided by Iotics or its licensor. The content of the Website and the App, including without limitation all materials, information, data, documents, texts, photographs, images, graphics, audio and video files, and any other interactive features and materials accessed through or made available through the App or Website (collectively referred to as “Content”) may not be copied, duplicated, distributed, modified, reproduced, published, sold, resold, licensed, sub-licensed, or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved by the Owner.
The Owner will make every effort to ensure that the Content provided on the Website and the App doesn’t violate any applicable laws or third-party rights. However, it may not always be possible. In such cases, users must exercise their rights without prejudice to their legal privileges. Users are encouraged to report such complaints, preferably using the contact details provided in these Terms.
5. Your rights to use the Services
The Services and the Content available on or through the App or Website are intended solely for personal and non-commercial use. The Owner grants you a limited, worldwide, non-exclusive, non-transferable, and non-sublicensable right (hereinafter referred to as “License”) to use the Services and any Content made available to you in connection with your use of the App and Website exclusively for personal purpose.
The License does not include any commercial use of the Services or any part of them. No part of the App and/or Website may be reproduced, duplicated, copied, sold, resold, licensed, sub-licensed, or otherwise exploited for commercial purposes without the Owner’s express written consent.
6. Access to external resources
The App allows users to access external resources provided by third parties. We choose our third-party providers and payment processors carefully, but we are not responsible for the practices employed by their websites linked from the App and the information or content available through their websites or other web resources.
You agree and acknowledge that the Owner has no control over such external resources and does not review, approve, monitor, warrant, or make any representations concerning the content or any product or service provided in connection therewith. We make no representation or warranty regarding the accuracy, completeness, timeliness, or authenticity of such third-party content.
These Terms will not govern your activities with third-party service providers. You are solely responsible for reviewing applicable terms and policies, including privacy policies, of any third-party providers.
7. Unlawful Use of the Services
You may access the App and use our Services only for personal, non-commercial use as these Terms expressly permit. Without limitation, you shall not:
- attempt to disrupt or interfere with the security, provision, or use of the App and/or any part of the Services;
- attempt to gain unauthorized access to the Services computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the App;
- submit false or misleading information to the Owner;
- use the Services in any way which can be deemed to be harmful, offensive, abusive, defamatory, fraudulent, deceptive, or can be reasonably expected to cause, or is intended to cause damage to the Services or any part of it;
- use the Services in violation of any applicable law or in any way which promotes illegal activities;
- use the Services to transmit, use, store, host, or distribute any materials which embody spyware, computer viruses, Trojan horses, or any other malicious computer software;
- use the Services for commercial purposes, including, but not limited to, reproducing, duplicating, distributing, publishing, copying, modifying, transmitting, licensing, sub-licensing, creating derivative works based upon, publicly displaying, selling, reselling, or otherwise exploiting any portion of the Services or the Content available on through the App or Website;
- remove or modify any copyright, trademark, or other proprietary notices or markings, attributing authorship placed on or contained within any Content available on the App and Website.
Any use of the Services in violation of the provisions of these Terms may terminate your access to the App at any time without notice. In our sole discretion, we reserve the right to determine what further action may be taken in case of any discovered or reported violation of these Terms.
8. Paid Subscriptions
The App may allow you to purchase access to certain Services on a subscription basis (hereinafter referred to as “Paid Subscriptions”). The costs of the Services under Paid Subscriptions depend on the type of the subscription plan, which you may find on our Website in the Section “Subscription” (hereinafter referred to as “Subscription fees”).
We employ third-party payment providers to handle payments for the Paid Subscriptions via the App. Any use of services and data exchange between you and such third-party payment providers is subject to the terms and conditions of such third-party payment providers. You represent and warrant that your use of any third-party services signifies your independent consent to the access and use of your personal data by third-party providers and that such use and access are outside the Owner’s control.
You are solely responsible for administering the timeliness and correctness of your payments. The moment of payment is considered the receipt of funds by the Owner. If we cannot charge your payment method for any reason, and you have not canceled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge all the payments accrued as you may update your payment method information. We reserve the right to cancel your Paid Subscription if we are unable to charge your payment method to renew your subscription.
We reserve the right to refuse or cancel your Paid Subscription at any time for any reason, including but not limited to the Services availability, errors in the description or price of the Services, errors in your order, or other reasons.
We will notify you if the Subscription fees increase and, if required, seek your consent to proceed with the payment. You will be charged automatically when a new billing cycle starts.
9. Automatic Renewal and Cancellation of the Paid Subscriptions
Paid Subscriptions automatically renew until canceled in the Subscription section of your account settings.
By purchasing a monthly subscription, you agree to initial and recurring monthly Subscription fees, and you accept responsibility for all recurring automatic charges until you cancel your subscription plan.
By purchasing a semi-annual or annual subscription, you agree to an initial pre-payment for half a year or a full year of the Services. After the initial billing cycle expires, you will be automatically billed a recurring semi-annual or annual Subscription fee for the renewal until you cancel your subscription.
You may cancel your subscription at any time by managing settings in the App. Subscription fees are non-refundable. If you cancel your monthly subscription, the cancellation will take effect for your next billing cycle. If you cancel your semi-annual or annual subscription, the cancellation will take effect for your next semi-annual or annual billing cycle, respectively. You will not be eligible for a refund for the Subscription fees paid before the period the cancellation takes effect.
10. Intellectual Property Rights of Iotics
All rights, title, and interest, including copyrights, trademarks, trade names, trade secrets, other intellectual property rights, and any goodwill associated therewith, in and to the App and Website, or any part thereof, including source code, graphic and UI designs, layout, and the user interfaces, are and will remain at all times owned by Iotics and/or its licensors. Iotics expressly reserves all rights in the App and Website. These Terms do not grant or assign to you any right, title, or interest in or to the Website and/or App or any associated intellectual property rights. You will not delete or in any manner alter the copyright, trademarks, or other intellectual property rights notices or markings that appear in any embodiment of the App or Website.
Any unauthorized use of the Services or any part thereof will constitute a violation of Ioticsintellectual property rights, and the Owner reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the applicable law, including seeking both civil and criminal penalties.
11. Notice about Copyright Infringement
We respect the intellectual property rights of our users and encourage you to do the same. If you believe any Content of the App or Website violates your copyright, please send us a notice about copyright infringement at support@iotics.live (“Notice”).
Please mention the following information with your Notice:
- the identity of the material on the App or Website that you claim is infringing in sufficient detail so that we may locate it on the App or Website;
- a statement that you have good faith belief that the disputed use is not authorized by the copyright owner, its authorized representative, or the applicable law;
- your full name and a preferred means of communication (e.g., a telephone number or email address);
- a statement by you declaring under penalty of perjury that (i) the information mentioned in your Notice is full and accurate, (ii) you are the owner of the copyrighted material involved, or that you are authorized to act on behalf of the relevant copyright owner; and (iii) you have a good faith belief that the material on the App or Website that you claim is infringing is not authorized by the copyright owner, its authorized representative, or the applicable law;
- your physical or electronic signature.
We reserve the right to remove, suspend, terminate access, or take other appropriate actions against users or visitors that we believe, in good faith, to be repeat offenders of our copyright policy. Please be aware that Iotics does not determine copyright ownership in the event of a dispute. As required by law, we will remove disputed content from the App or Website if we receive a complete and valid takedown notice. The party whose material has been removed can respond with a counter-notice. If we receive a valid counter-notification, we will forward it to the person who submitted the original claim. If the dispute continues, it will be settled between the two parties involved.
12. Disclaimer of Warranties and Representations
We do not warrant the completeness or accuracy of the information published on the App or Website, nor do we commit to ensuring that the materials on the App or Website are kept up-to-date.
Use of the App is at your own risk. The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not warrant that the Services will be available, uninterrupted, or error-free, that the defects will be corrected, or that the Services will be free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the App, or other materials available through the App or the Website, whether in terms of their correctness, accuracy, validity, reliability, security, or otherwise. We do not warrant the accuracy or applicability of any part of the Services or any Content on the App or Website in relation to specific purposes and particular circumstances.
13. Limitation of Liability
To the fullest extent permitted by law, Iotics has no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities, including, but not limited to, loss of revenue or profit, arising from or related to (i) your use of the Services or any Content available on or through the App or Website, even if we have been advised of the possibility of such damages in advance; (ii) statements or conduct of any third party available on or through the App or Website; (iii) any other matter relating to the Owner’s App or Website, whether based on warranty, copyright, contract, tort, including negligence, or any other legal theory.
Some laws do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you. Notwithstanding anything to the contrary contained herein, the Owner’s liability and the liability of each of its officers, directors, employees, licensors, service providers, and other contractors to you or any third parties under any circumstance is limited to no more than the lesser of (a) the total Subscription fees paid by you to Iotics over the 6-month period before the liability arose or (b) one hundred United States dollars (USD 100).
14. Indemnification
You agree to defend, indemnify and hold harmless the Owner, its directors, officers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) (collectively referred to as “Claims”) arising from (i) your use of the Services and access to the App and/or Website; (ii) your violation of any provision(-s) of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property or privacy rights; or (iv) any claim that your acts or omissions caused damage to any third party.
15. Governing Law and Dispute Resolution
You agree that these Terms and any dispute arising in connection with your use of the Services will be governed by and construed in accordance with the Republic of Kuwait law without reference to the laws relating to conflicts of laws.
Any disputes that may arise under these Terms shall be resolved by the Parties through negotiations. If you have any claim or dispute with us arising out of, relating to, or connected with your use of the App or any part of the Services, please contact us by email at support@iotics.live, and provide a brief, written description of the dispute and your contact information, including your full name and email. We will consider your claim within 30 (thirty) business days.
Any controversy, claim, or dispute arising out of or relating to these Terms, or the breach thereof, which cannot be resolved through negotiations between the Parties, shall be settled by arbitration in accordance with Kuwait Civil and Commercial Procedure Code (“KCCPC”). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The applicable law shall be the law of the Republic of Kuwait. The arbitration proceedings language shall be English.
16. General Terms
Entire Agreement. These Terms contain the entire understanding and agreement between the user and the Owner with respect to the use of the Services.
Severability. If any part or parts of these Terms are found under the applicable law to be invalid or unenforceable, then such specific part or parts shall be of no effect and shall be severed, and the remainder of the Terms shall continue in full force and effect.
No Waiver. The Owner’s failure to exercise any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a continuation or continuation waiver of this or any other provision.
Disruption of Services. To ensure the best possible level of the Services, the Owner reserves the right to interrupt the Services for maintenance, system updates, or any other changes by appropriately notifying users.
Force Majeure. The Services may be unavailable for reasons beyond the reasonable control of the Owner, such as “force majeure” circumstances (e.g., acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, other natural disasters, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, industrial activity, breakdown of infrastructure, etc.). The Owner shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.
Revision and changes of the Terms. The Owner may revise these Terms at any time. The changes to the Terms will only pertain to the user’s future use of the Services. To continue using the Service, the Users must accept the revised Terms. If you do not accept the revised Terms, you shall terminate the use of the Services immediately.
Transfer of rights. The Owner reserves the right to assign, transfer, subcontract, or assign its rights and obligations under these Terms, considering the user’s interests. Users may not assign or transfer their rights or obligations under these Terms in any way without the Owner’s permission.
Communication. All communication regarding the use of the Services or access to the App should be sent through the contact information provided below.
17. Contact Us
If you have any questions, comments, or inquiries regarding these Terms, you may contact us by email at support@iotics.live or by mail:
Iotics
Kuwait, Salmiya, 22075
P. O. Box 6482
Date: November 20, 2024