Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND LogicLadder Technologies Pvt. Ltd. (hereinafter “LogicLadder”) GOVERNING YOUR USE OF LOGICLADDER’s IoT (Internet of Things) SOFTWARE and tools.
Throughout the site, the terms “we”, “us” and “our” refer to LogicLadder. LogicLadder offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Definitions
Acceptance of terms
By completing the electronic acceptance process, using this website, or a partner website or any other products or services (the “Service”) operated, controlled or distributed by LogicLadder or its partners or otherwise indicating your acceptance of these terms you agree to be bound by the following terms and conditions of use (the “Terms of Service”). By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
General conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Use of the service
Your account
Fees and payment
It will be Your responsibility to pay all fees and payments as set forth on the LogicLadder site or as agreed upon between You and LogicLadder. Payment will be due within 30 days after invoice date, or within the period agreed between You and LogicLadder in writing.
Software in our services
When a Service requires or includes downloadable software, this software may be updated automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. LogicLadder gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by LogicLadder as part of the Services. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Open-source software is important to us. Some software used in our Services may be offered under an open-source licence that we will make available to you. There may be provisions in the open-source licence that expressly override some of these terms.
Termination and suspension
Data retention
Third party tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-party links
Third-party links certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal information
Your submission of personal information through the website is governed by our Privacy Policy.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Inactive account policy
We reserve the right to terminate unpaid accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive
Data ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant LogicLadder the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for LogicLadder’s commercial, marketing or any similar purpose. But you grant LogicLadder permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User-generated content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that LogicLadder will have the right to block access to or remove such content made available by you if LogicLadder receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by LogicLadder for this purpose.
Indemnity
To the extent permitted by applicable law, You will indemnify, hold harmless and defend LogicLadder and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against LogicLadder or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by LogicLadder or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. LogicLadder will provide You with written notice of any claim, suit or action from which You must indemnify LogicLadder. You will cooperate as fully as reasonably required in the defense of any claim. LogicLadder reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
Disclaimer of warranties
To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, logicladder makes no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and noninfringement.
Limitation of liability
When permitted by law, logicladder and logicladder’s suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages. To the extent permitted by law, the total liability of logicladder and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the services (or, if we choose, to supplying you with the services again). In all cases, logicladder and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Third parties
If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by LogicLadder to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) LogicLadder may share with the Third Party any Customer Data that is specific to the Third Party’s Properties, and (c) You will not disclose Third Party’s Customer Data to any other party without the Third Party’s consent.
Legal compliance
You may not transmit or otherwise export from the usa or allow the transmission of the services in violation of any restrictions, laws or regulations of the ministry of export & import, the ministry of external affairs, or any other foreign agency or authority. You represent and warrant that you are not a person to whom logicladder is legally prohibited to provide the services and/or are not on any governmental list of restricted person or entities. You may not use the services in any situation where failure or fault of the services could reasonably be expected to lead to death or serious bodily injury of any person, or to physical or environmental damage. You may not use the services for carrying out any illegal act like act of terrorism or for developing any kind of weapon. You may not provide access to the services to any person or entity that would be prohibited from using the services under law. Regarding data that, by means of your account, is collected, transmitted to logicladder, downloaded from logicladder or viewed using logicladder (in this paragraph, the “data”), you warrant that: you own or are otherwise entitled to collect the data that passes through a device; and you have sufficient legal rights to allow you to use logicladder to transmit, download or view the data.You also acknowledge that the law protects a third party’s rights in certain information and that your unauthorized use of third party’s information may subject you to civil or criminal penalties.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, LogicLadder may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
General
Logicladder shall not be liable for any failure or delay in the performance of its obligations hereunder on account of strikes, terrorist activity, shortages, riots, insurrection, fires, floods, power outages, storms, cybercrime, explosions, war, governmental action, labor conditions, earthquakes, terrorism, supplier bankruptcy or default, failure, delay or interruption by third parties, including without limitation, communications providers, or any other cause which is beyond logicladder’s reasonable control. Your rights and obligations under the terms of service are not assignable or transferable and cannot be sub licensed to another party by you except with logicladder’s prior written consent. Logicladder may transfer, assign or subcontract any of its rights and obligations under the terms of service without consent. The terms of service are the complete and exclusive statement of the understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the terms of service. All waivers and modifications of the terms of service must be in writing and signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of your use of logicladder. You do not have authority to bind logicladder in any respect. English is the governing language for: (I) logicladder; (ii) your logicladder account; (iii) the terms of service; (iv) negotiations related to the terms of service or your use of logicladder and (v) the resolution of disputes related to the terms of service or your use of logicladder, including negotiations, litigation, mediation or arbitration. Versions of the terms of service that have been translated into languages other than english are provided for convenience, and the english version is the only version that defines the rights and obligations of the parties. If you have dealt with a third party that is authorized to act as a services representative for logicladder services (in this section, referred to a “representative”), you agree that: the representative is not a party to agreements or terms relating to your logicladder account and except for substantial misrepresentations, gross negligence or intentional misconduct by the representative, you release the representative from all claims and liability related to your logicladder account or your use of logicladder services.
Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact information
Questions about the Terms of Service should be sent to us at info@logicladder.com.