CubeSensors Terms and Conditions
Welcome to CubeSensors. Please read on to learn about the rules that govern the use of our websites, products, services, mobile applications and other software (collectively, “CubeSensors” ). CubeSensors are operated, manufactured and provided by CBSR d.o.o, Mesarska 26, 1000 Ljubljana, Slovenia (“us”, “we”, ”ours”).
These terms and conditions are an agreement between you and us and in effect for any commercial or non-commercial dealings between CBSR d.o.o. and you as a customer or user. By using CubeSensors, our web site www.cubesensors.com (“website”), or buying our products you agree and accept on behalf of yourself and anyone you represent all of our Terms, and these Terms will remain in effect while you use CubeSensors. If you don't agree with any of our Terms, you can't use CubeSensors in any way.
CubeSensors is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of CubeSensors constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Terms can change any time without warning. The current version of the Terms is posted on our website. We’ll do our best to notify you by email of any changes we make. Except for changes by us as described here, no changes of these Terms will be effective unless made in writing and singed by both parties (you and us).
What are CubeSensors?
CubeSensors is a solution for indoor environmental monitoring. It is a set of products (“CubeSensors Cubes” and “CubeSensors Base”), mobile apps (on any mobile operating system), cloud services (“Services”), web site (www.cubesensors.com) and/or any related software used to store or process the data related to CubeSensors.
You will receive additional automated software upgrades to enable or fix the functionality of the hardware, additional services or functionalities may be subject to CubeSensors’ or third party services, based on commercial offerings. By accepting this Terms you consent to that. If you do not agree to upgrades, you should not use CubeSensors.
CBSR d.o.o. owns the CubeSensors services. The CubeSensors services can be changed, upgraded, removed or modified without notice. We’ll try to post a notice when we introduce any material changes to CubeSensors services, particularly when we change any user experience. However we reserve the right to remove or discontinue any part of the CubeSensors services without notice.
We take privacy really seriously. We’re a EU based company and comply with all EU privacy laws which are one of the strictest in the world.
We provide our best effort to protect our customer’s data. However if should be noted that the technology cannot entirely prevent attempts by third parties to gain unauthorized access to the data.
We do not store, process or collect any identifiable information of persons below legal age. If we learn that an information about such person exists on our records, we’ll delete it immediately.
Visiting our website or sending emails to CBSR d.o.o. or any address from cubesensors.com constitutes electronic communications between you and us. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, electronic chats services like Skype, FaceTime, Google Chat, as well as personal and general notes on the Site, satisfy any legal requirement that such communications be in writing.
Who can use CubeSensors?
Buying CubeSensors means buying a set of hardware (CubeSensors Cubes and/or CubeSensors Base) for installation in office or home environment, or subscribing to CubeSensors service, if applicable. After installation of hardware, and opening an account on CubeSensors (“CubeSensors Cloud”), you receive a non-exclusive, non transferable right to use the software products (CubeSensors Cloud, Web App and other software by CBSR d.o.o. that is designed and produced to offer CubeSensors services).
We require users to be of legal age, as defined in your country or at least 18. If you believe that a user below age of 18 has registered for the use of CubeSensors or has provided us personal information, please contact us on firstname.lastname@example.org. Persons younger than 18 can use CubeSensors only with a written consent by a parent or legal guardian.
Integral part of CubeSensors is CubeSensorsID which allows you to manage the service and associated hardware. It gives you access to the software and services needed to use the Service. You select your own CubeSensorsID that you will use to access CubeSensors services. To be able to create your own CubeSensorsID, we require you to use a verifiable email address. CubeSensorsID is not transferable, unless approved by written consent by us.
CubeSensors runs a anti-fraud monitoring system, which might require occasional verification of the CubeSensorsID owner. This checks are necessary to protect against potential threats. CubeSensor does not provide any warranty against potential wrongdoings by intruders or third parties, however we’ll do our best to prevent any potentially harmful scenarios.
You are responsible for maintaining the confidentiality of your account, CubeSensorsID and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CubeSensors is not responsible for third party access to your account that results from theft or misappropriation of your account. CubeSensors and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
How can one buy CubeSensors?
CubeSensor products and services are available for purchase online on CubeSensors web site and are sent by post or courier service. CubeSensors charge regional flat fee for delivery of the products to the customer. The fee is clearly listed on the order page of our web site and before the customers confirms the purchase online. The fee may be increased if the delivery address may be a remote location or a location where special delivery is needed. Any customs or other fees associated with an import or use your country is yours to take care of.
An offer of our products and services is considered nonbinding, even though we put our best effort not to change conditions and terms of the sale.
CubeSensors will be sent to the customer no later than in 30 days from when order has been placed online, unless indicated otherwise. In case of stock shortage, the customer will be notified before the purchase of estimated shipping date. In such case CBSR will send the products no later than 30 days after the estimated shipping date. If the goods are not delivered within the 30 day period, the customer has the right to cancel the order and receive a full refund.
The use of CubeSensors and its services is included in the price of the product. We do reserve the right to extend the services with additional services and charge for it. We’ll notify you about such changes over email, you’ll have an option to accept or decline it. We will not charge for anything without your consent.
All sales are final and non refundable.
CubeSensors is a set of products, software and services. They can only function as a solution if used together in accordance to intended use.
CubeSensors need a permanent, wired internet connection without traffic restrictions on HTTP and HTTPS ports. Without a wired connection to internet, where DHCP has been enabled, CubeSensors cannot function. All costs related to providing internet access are yours. Without permanent internet connection with reasonable speed CubeSensors do not work.
You should not use CubeSensors for any scenario that could result in loss of property, damage or be dangerous. Any attempt of doing so without explicit and written consent by CBSR d.o.o. will terminate any license that you might have received by buying our products or signing up to the Service. All accounts associated with such activities will be terminated.
CubeSensors are designed as an indoor monitoring service and should not be used for any commercially or life threatening scenarios, especially where continuous availability or guaranteed accuracy is required. CubeSensors are not mission critical services or products and should be not used as such. You can use CubeSensors only for personal and non-commercial use, and only in a manner that complies with laws that apply to you.
Who can publish what?
Anything that your submit, store or share directly or through connected devices to CubeSensors is yours. You grant CBSR d.o.o. nonexclusive, royalty free, world wide license to use the data in any shape or form, providing that it’s anonymised. The main purpose is to use the data for analytics purposes.
Anything that you choose to share to other users or public through CubeSensors services is automatically published royalty free and can be shared by everyone.
By agreeing to these Terms you grant CBSR d.o.o. unlimited, royalty free, worldwide license to use or incorporate any suggestions or other feedback that you provide to CBSR d.o.o. relating to the operation of the CubeSensors.
All data is stored and secured in accordance to EU privacy laws.
All material displayed through CubeSensors and related sites and services are protected by copyright and other intellectual property laws.
We do not control, nor we are responsible for any information on third party sites, media or other sources, regarding your use of CubeSensors or published content.
Links to third party sites/Third party services
CubeSensors may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CBSR d.o.o. and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators.
Certain services made available via CubeSensors are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.cubesensors.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom CBSR d.o.o. has a contractual relationship to provide the requested product, service or functionality on behalf of CubeSensors users and customers.
Stopping the service and interruptions
In case you want to stop using CubeSensors, you can delete all information associated with your CubeSensorsID. The information is deleted permanently and we cannot retrieve it.
We reserve the right to terminate your contract (your use of CubeSensors) at any time if you fail to comply with this terms. You’ll receive an email with a notification about that to the address you provided to us. You’re failure to receive it does not limit our cancellation of the contract. In case of breach of these Terms, we reserve the right to delete your account and all associated information on it.
After terminating the contract between you and us, your obligation shall remain in effect. These include limitation of liability, your financial obligation to us and obligations regarding intellectual property.
We retain the right to temporary interrupt the service for maintenance, security or other reasons. Such temporary interruptions are not grounds for liability or warranty claims.
License and restrictions
By buying CubeSensors, CBSR d.o.o. grants you a limited, non-exclusive licenses to use CubeSensor services, as described at the time of sale on our website, solely on CubeSensors hardware (Cubes and Base) you own or control solely in condition with CubeSensors intended use for your, non-commercial use.
You do not have a right to use or embed any part of CubeSensors or results of CubeSensors services in any other product for commercial or non-commercial use.
You may not release the results of performance or functional evaluations of CubeSensors to anyone without prior written consent from CBSR d.o.o.
No unlawful or prohibited use/Intellectual Property
All content included as part of CubeSensors, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the CubeSensors, is the property of CBSR d.o.o. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found through CubeSensors. CubeSensors content is not for resale. Your use of the CubeSensors does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CBSR d.o.o. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CBSR d.o.o. or our licensors except as expressly authorized by these Terms.
Use of communication services
CubeSensors may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
CubeSensors services, software and products are provided on an “as-is” basis, without warranties of any kind, to the maximum extent permitted by applicable law. CBSR d.o.o. disclaims all express, implied, and statutory warranties and conditions with respect to the products, services and related software. CBSR d.o.o. disclaims all implied warranties of merchantability, fitness for a particular purpose, title, non infringement of third-party rights, quiet enjoyment, and accuracy. CBSR d.o.o. does not warrant that operation of the products, services or related software will be error-free or uninterrupted or that the products, services or software will in every case process the data correctly.
CBSR d.o.o. will have no responsibility to provide support or maintenance of CubeSensors.
Under no circumstances shall CBSR d.o.o. be liable to you or to any other person for any direct or indirect, special, incidental or consequential damages of any kind, including damages for lost profit, loss of goodwill, work stoppage, accuracy of results, or failure or malfunction of any device connected to the services. Total cumulative liability is limited to the sum of fees paid to CBSR d.o.o or it’s authorized resellers for the purchase of CubeSensors within last 12 month before the claim. The limitation is cumulative and cannot be increased by more than one incident of claim. CBSR d.o.o. disclaims all liability of any kind of CBSR’s suppliers.
Any customer claims for compensation are excluded.
CubeSensors provide you with information regarding environmental measurements. All information is provided for your convenience only (‘as is’). CBSR d.o.o. disclaims any responsibility for accuracy, availability or reliability of the information provided through it’s services.
CubeSensors only provide infrastructure for the data and is not responsible for any damage or loss to any party that could have happened because of use of the CubeSensors.
CubeSensors services could be broken, slowed down or interrupted for maintenance, security or other reasons. Such interruptions cannot be used as a ground for liability or warranty claims.
Any claims for damages compensation is excluded.
If you are dissatisfied with any portion of these Terms or CubeSensors, your sole and exclusive remedy is to discontinue using the site.
Everything you receive from us should be considered confidential if so marked by us and you’re expected to threat is as confidential. You shall use best effort to protect the confidentiality of the received information.
We retain the right to fully enforce the confidentiality of the information, seek damages that could arise from a breach on your side and terminated the agreement.
Risk of lost
By using CubeSensors you understand and agree, that any loses of property is solely on your own risk. We are not responsible for losses, expenses or damages that could arose from the direct or indirect use of CubeSensors, it’s services or interpretations of the information provided by us or our services.
You agree to indemnify CBSR, it’s partners, officers, agents and others related to CBSR for any claim from third party that could arise from your use of CubeSensors or your violation of Terms.
You agree to indemnify, defend and hold harmless CBSR d.o.o., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use CubeSensors, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CBSR d.o.o. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CBSR d.o.o. in asserting any available defenses.
The Service is controlled, operated and administered by CBSR d.o.o. from our offices within the EU. If you access the Service from a location outside the EU, you are responsible for compliance with all local laws. You agree that you will not use the CubeSensors in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You may not assign or delegate these Terms or your obligations in any way, without our written consent. You may not transfer your CubeSensorsID to others without a written consent from us.
Choice of law
This Terms are subject to the laws of Republic of Slovenia and applicable EU laws. The court of jurisdiction will be court in Ljubljana, Slovenia. If parts of this Terms are or become invalid, the rest remains applicable. The invalid parts are replaced with applicable law. The disclaimers, exclusions, and limitations of liability under This Terms, limitations and liabilities will not apply to the extent prohibited by applicable law. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
All consumer protection laws are applicable in your country.
We welcome your questions or comments regarding the Terms:
Email Address: email@example.com
Effective as of December 25, 2013