All capitalized Terms used in these Terms of Service, but not defined in the DroneMQTT Customer Agreement or other agreement with us governing your use of the Services (the “Agreement”), shall have the meanings given to them below:
Application means the Product/Service that is built by you by using the Service.
Content means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service.
Customer means the individual or company using the Service provided by RDD.
Customer Data means the data that the Data Controller enters into the Service provided by the Data Processor.
Data Controller means the entity which determines the purposes and means of the Processing of Personal Data.
Data Processor means the entity which Processes Personal Data on behalf of the Data Controller.
GDPR Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Personal Data means any Customer Data that relating to an identified or identifiable individual, to the extent that such information is protected as Personal Data under applicable Data Protection Laws.
Processing or Data Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Security Incident means any unauthorized or unlawful breach of security leading to, or reasonably believed to have led to, the unauthorized or accidental destruction loss, alteration, unauthorized disclosure of or access to Personal Data.
Service or Service Offering means the Service provided by RDD AB that is the base of the Contract.
Subprocessor means a third-party Data Processor engaged by the Data Processor, who has or potentially will have access to or process the Data Controller’s Data under this DPA for the provision of Services.
Terms means the Terms of Service for the Service Offering.
Your/Yours means the entity contracting for the Service.
Your Agreement with RED DOT DRONE PTE. LTD.
- Your use of the Service is governed by this agreement (the Terms). RED DOT DRONE PTE. LTD. and its subsidiaries or affiliates involved in providing the Service.
- By using the Service, you agree to these Terms of Service
- You may not use the Service if you are a person banned from receiving the Service under the laws of Singapore, or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
- If you are accepting these Terms and use the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the full legal capacity to bind such entity.
- Additional instructions or Terms (if any) outside the scope of these Terms of Service require a prior written agreement between RDD and the Customer. An agreement on any additional fees payable by the Customer to RDD for carrying out further instructions and/or Terms must also be established.
Your Account and Use of the Service
- You must provide accurate and complete registration information anytime you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or your account, you agree to notify RDD immediately.
- Your use of the Service must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software, including but not limited to GDPR. You agree not to use the Service in, including but not limited to, the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons.
- You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that RDD provides in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with RDD, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
- Notification(s) of information concerning the Data Processing or Security Incidents (if any) will be sent to the Customer’s registered team notification email address and GDPR responsible’s email address (if any). It is the Data Controller’s sole responsibility to ensure that it maintains accurate contact information on the Service’s management console and secure transmission at all times.
- Notification(s) of information concerning the Customer’s account will be sent to the Customer’s registered team notification email address. It is the Customer’s sole responsibility to ensure that the Customer maintains accurate contact information on the service management console and secure transmission at all times.
Service Policies and Privacy
- You agree to comply with the Service’s Program Policies in Exhibit 2, attached hereto and which is incorporated herein by this reference and which may be updated from time to time.
- For Personal Data, which is processed or stored through your use of the Service, you are the Data Controller (or the Data Processor, depending on the relationship you have with your customer). Concerning such Personal Data that is processed on your behalf, RDD is responsible as the Data Processor (or the Subprocessor, depending on the relationship you have with your customer).
- If you are a Data Controller (or a Data Processor, depending on the relationship you have with your customer) of data belonging to individuals within the European Union, Processing of Personal Data pursuant to Section 3.2 above shall be subject to the Data Processing Agreement (DPA), which is attached hereto, as Exhibit 1, and incorporated herein.
Fees for the Use of the Service
- Subject to the Terms, the Service is provided to you without charge up to certain limits. Usage over this limit (overage usage) requires your purchase of additional resources or Services. RDD may change its fees and payment policies for the Service by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect.
- You are responsible for providing accurate payment details. For all purchased resources and Services, RDD provides three main payment options: credit card, wire transfers. If you need to purchase our service via other way, please contact firstname.lastname@example.org.
- RDD’s billing is pro-rated, meaning that the Customer only pays for the time the Service has been available to them and that the payment is made the month after the delivery of the service. An invoice is generated at the beginning of each month and concerns the usage period of the previous month.
- You acknowledge and agree that RDD may share any credit card and related billing and payment information that you provide to RDD with companies who work on RDD’s behalf, such as payment processors and/or credit agencies, solely to check credit, and effecting payment to RDD. Your credit card data will be stored by Stripe. Stripe will act as a Data Controller of that data. Read more here: https://stripe.com/en-sg/privacy-center/legal
- If the Customer has chosen to pay via credit card, RDD will automatically charge the card after the invoice is generated. You are responsible for having a balance that covers the invoice amount when your credit card is charged. The payment is due within fifteen (15) days from the invoice date.
- Accounts with failed charges and outstanding invoices will receive an email about this matter to their registered billing email when an invoice has passed its due date. The Customer is therefore responsible for providing RDD with correct and updated contact information. RDD reserves the right to discontinue the provision of the Service to you for any late payments. Late payments may also bear interest at a rate of the Singapore base rate plus seven (7) percentage points.
- To the fullest extent permitted by law, refunds (if any) are at the discretion of RDD, and only in the form of credit for the Service. Nothing in these Terms obligates RDD to extend credit to any party.
- To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within sixty (60) days after the payment (this does not affect your credit card issuer rights). Charges are solely based on RDD's measurements of your use of the Service unless otherwise agreed to in writing.
- You may not create multiple accounts to simulate or act as a single account or otherwise access the Service in a manner intended to avoid incurring fees.
Content in the Service and Take Down Obligations
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. All such information is referred to below as the "Content". The term Content shall specifically exclude the Application that you create by using the Service and any source code written by you to be used with the Service (collectively, the "Application").
- RDD reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down any Content that violates the Program Policies, including pursuant to a take-down request from RDD. If you elect not to comply with a request from RDD to take down certain Content, RDD reserves the right to take down such Content directly or to disable the Service.
- If you become aware of any violation of the Program Policies by an end-user of the Application, you shall immediately terminate such end-user's account on your Application. RDD reserves the right to terminate end-users of RDD accounts or disable the Service in response to a violation or suspected violation of the Program Policies, as outlined in Section 5.2.
- You agree that you are solely responsible for (and that RDD has no responsibility to you or any third party for) the Application or any Content that you create, transmit, or display while using the Service and for the consequences of your actions (including any loss or damage which RDD may suffer) by doing so.
- You agree that RDD has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through the use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application and any Content.
- You acknowledge and agree that RDD (or RDD's licensors) owns all legal right, title and interest in and to the Service, including any intellectual property rights which exists in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- Unless you have agreed otherwise in writing with RDD, nothing in the Terms gives you a right to use any of RDD's trade names, trademarks, Service marks, logos, domain names, and other distinctive brand features.
- Except as provided in Section 8, RDD acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content or the Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with RDD, you agree that you are responsible for protecting and enforcing those rights and that RDD has no obligation to do so on your behalf.
License from RDD and Restrictions
- RDD gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by RDD as part of the Service as provided to you by RDD. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by RDD, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service’s Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by RDD, in writing (e.g., through an open-source software license); (b) attempt to disable or circumvent any security mechanisms used by the Service or any Application; (c) use the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports or creating DoS attacks; or (d) upload or otherwise process any malicious Content to or through the Service.
- Unless RDD has given you specific written permission to do so (e.g., through an open-source software license), you may not assign (or grant a sub-license of) your rights to use the Service’s Software, grant a security interest in or over your rights to use the Service’s Software, or otherwise transfer any part of your rights to use the Software.
- Open-source software licenses for components of the Service released under an open-source license constitute separate written agreements. To the limited extent that the open-source software licenses expressly supersede these Terms, the open-source licenses govern your agreement with RDD to use the components of the Service released under an open-source license.
License from You
- You agree that RDD, in its sole discretion and with a prior written notice, may use your trade names, trademarks, Service marks, logos, domain names, and other distinctive brand features in presentations, marketing materials, customer lists, financial reports, and website listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
Modification and Termination of the Service
- RDD is continuously innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which RDD provides may change from time to time without prior notice to you. Changes to the form and nature of the Service will be effective with respect to all versions of the Service; examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
- You may terminate these Terms at any time by canceling your account of the Service. You will not receive any refunds if you cancel your account.
- You agree that RDD, in its sole discretion, may terminate these Terms or suspend your access to your account at any time, for any or no reason, including in the event of your actual or suspected unauthorized use or overage usage of the Service, or non- compliance with these Terms. If RDD terminates your use of the Services for reasons other than unauthorized use or non-compliance with these Terms (including the Program Policies) RDD will notify you in advance. You agree that any termination of your access to the Service may be without prior notice, when and if RDD, in its sole discretion deem it to be unauthorized use or non-compliance with these Terms (including the Program Policies), and you agree that RDD will not be liable to you or any third party for such termination.
- You are solely responsible for exporting your Customer Data and Content from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will make reasonable efforts to permit you to retrieve your Service(s) for a reasonable period of time.
- Upon any termination of the Service or your account these Terms will also terminate, but Sections 6.1, 10, 11, 12, 14, and 15 shall continue to be effective after these Terms are terminated.
EXCLUSION OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." RDD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RDD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.
LIMITATION OF LIABILITY
- SUBJECT TO SECTION 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RDD, ITS SUBSIDIARIES, AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT OR REVENUE (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF ANTICIPATED SAVINGS, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, INTERRUPTION OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THE FOREGOING DISCLAIMER IN THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- THE LIMITATION OF LIABILITY IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT RDD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, RDD OR ITS AFFILIATES IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IN NO EVENT WILL RDD’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE LESSER OF: SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN, OR REFUND OF 50% OF FEES ACTUALLY PAID FOR THE SERVICE IN THE MONTH PRECEDING THE APPLICABLE CLAIM GIVING RISE TO LIABILITY. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE FOREGOING DISCLAIMER SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT RDD’S LIABILITY TO YOU AT LAW WILL BE REDUCED BY THE EXTENT, IF ANY, TO WHICH YOU CONTRIBUTED TO THE DAMAGE OR LOSS. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF FEES CHARGED IN CONNECTION WITH PROVIDING THE SERVICES TO YOU, AND THAT IF RDD WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, SUCH FEES WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER.
- You agree to hold harmless and indemnify RDD, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners, (collectively "RDD and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, RDD will provide you with a written notice of such claim, suit or action.
- The Service may include hyperlinks to other websites or Content or resources or email Content. RDD may have no control over any web sites or resources which are provided by companies or persons other than RDD.
- You acknowledge and agree that RDD is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
- You acknowledge and agree that RDD is not liable for any loss or damage which may be incurred by you or users of your Application as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.
Changes to the Terms
- RDD may make changes to the Terms from time to time. If we change the Terms in any substantial way, we will give you at least thirty (30) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
- You understand and agree that if you use the Service after the date on which the Terms have changed, RDD will treat your use as acceptance of the updated Terms.
- On May 25, 2018, new legislation regarding the collection and use of Personal Data entered into force. The Swedish Personal Data Act and the Directive 95/46/EC was replaced by Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 (GDPR).
General Legal Terms
- The Terms constitute the legal agreement between you and RDD and govern your use of the Service (but excluding any Services which RDD may provide to you under a separate written agreement), and completely replace any prior agreements between you and RDD in relation to the Service.
- There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
- If RDD provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
- You agree that RDD may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service on the sole ground of providing you with the Service.
- You agree that if RDD does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RDD has the benefit of under any applicable law), this will not be taken to be a formal waiver of RDD's rights and that those rights or remedies will still be available to RDD.
- You acknowledge and agree that RDD may provide information to third parties in response to valid legal processes, such as subpoenas, search warrants, and court orders, or to establish or exercise its legal rights or defend against legal claims. RDD shall not be liable for any use or disclosure of such information by such third parties.
- RDD shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to governmental action, acts of terrorism, earthquake, fire, flood, or other cases of force majeure, labor conditions, power failures, and Internet disturbances.
- The Terms, and your relationship with RDD under the Terms shall be governed by the laws of Sweden without regard to its conflict-of-law provisions. You and RDD agree to submit to the exclusive jurisdiction of the courts located within Sweden to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that RDD shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.