Date of Last Revision: May 10, 2018
- Usage of the MEUNGO platform is restricted to the purposes intended by MEUNGO and as stipulated in the provided documentation.
- In case of inappropriate usage, MEUNGO can block a user, an account and/or a login at any time.
- MEUNGO will use personal data of MEUNGO platform only for the purpose of the MEUNGO platform and in line with applicable laws on data privacy.
- We have organised our support services on a best effort basis
This version of MEUNGO platform is made available ‘as is’ and on a ‘best effort’ basis. Respective fault situations can occur and are dealt with as fast as possible.
DESCRIPTION OF THE SERVICES
The services provided by MEUNGO consist of tools to configure, deploy and maintain sensors, actuators and actions (the “Services“). The Services enable you as a customer to make use of sensors and actuators delivered by MEUNGO, to create and use your own sensors and actuators, create actions, triggers and rules using MEUNGO’s applications.
ACCESS TO THE SERVICES
The Services, together with the www.meungo.com website and domain name and any other linked pages, features, content, or application services offered from time to time by MEUNGO (collectively, the “Website“), are owned and operated by MEUNGO. Subject to the terms and conditions of this Agreement, MEUNGO hereby grants you a non-exclusive license, with no right to sublicense, to make use of the aforementioned MEUNGO Services. MEUNGO may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or MEUNGO Content (as defined below). Meungo may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Meungo reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant to MEUNGO that: (i) you are of legal age to form a binding contract, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
The Website, the Services, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or in the Services, including, but not limited to HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software, FAQs, graphics, articles, photographs, images, illustrations (also known as the “MEUNGO Content“) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any MEUNGO Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any MEUNGO Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy items displayed on the Website or Services for download, provided that you maintain all copyright and other notices contained in such MEUNGO Content.
The content, materials or information (including without limitation information relating to your end user customers) that you provide to MEUNGO in connection with the Services (collectively, “Your Content“) remains your ownership at all times. Only when you explicitly share Your Content with other users of the Services, MEUNGO is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with MEUNGO’s provision of the Services. For clarity, the foregoing license grant to MEUNGO does not affect your ownership of or right to grant additional licenses to the material in Your Content.
If you provide any personally identifiable information, including personally identifiable information relating to your end user customers, to MEUNGO, you represent and warrant that (i) you will comply with all applicable laws relating to the collection, use and disclosure of personally identifiable information and (ii) you have made all required notifications and obtained all required consents and authorizations from your website visitors, client contacts and end user customers relating to the disclosure of personally identifiable information to a third party service provider like MEUNGO.
You also warrant, represent and agree that you will not contribute any content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, (ii) violates any law, statute, ordinance or regulation, (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iv) impersonates any person or entity, including without limitation any employee or representative of MEUNGO, or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. MEUNGO reserves the right to remove any content from the Services 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 MEUNGO is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You acknowledge that all MEUNGO Content and Your Content (together, “Content“) accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will MEUNGO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports generated by the Services, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You, not MEUNGO, remain solely responsible for all Content, including messages, that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services.
You acknowledge that MEUNGO has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release MEUNGO from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or applications containing information that some people may find offensive or inappropriate. MEUNGO makes no representations concerning any content contained in or accessed through the Services, and MEUNGO will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. MEUNGO makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
THE SERVICES CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEUNGO OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGISTRATION AND SECURITY
MEUNGO reserves the right to refuse registration of or cancel a User in its discretion. Upon registration for the Services, you will provide MEUNGO with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify MEUNGO of any suspected or actual unauthorized use of your account. You agree that MEUNGO will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
You will indemnify and hold MEUNGO, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement or applicable laws, rules or regulations in connection with your use of the Services, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT MEUNGO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICES OR THE WEBSITE AND SERVICES CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA., LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF MEUNGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
FEES AND PAYMENT
MEUNGO reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. MEUNGO reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid here under are non-refundable.
THIRD PARTY WEBSITES
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. MEUNGO may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. MEUNGO may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights here under. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or can not be licensed by you except with MEUNGO’s prior written consent. MEUNGO may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MEUNGO in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
ARBITRATION, GOVERNING LAW
All disputes arising out of or in connection with this agreement will be resolved by the Oost-Brabant District Court following proceedings in English under that Court’s Rules Procedure of the Chamber for International Commercial Matters (“Netherlands Commercial Court”). Application for provisional measures, including protective measures, available under Dutch law may be made to the Netherlands Commercial Court’s Preliminary Relief Judge in proceedings in English in accordance with the Rules of Procedure of the Netherlands Commercial Court.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org.