Pybytes TERMS OF SERVICE

1.          Introduction

1.1.      Thank you for using our Services and Website! Both are provided to you by Pycom. You can contact us at support@pycom.io.

1.2.      These Terms of Service govern your access to and use of the Services and this Website. By accessing or using our Website or the Services, you acknowledge to have read, understood and agree to be bound by these Terms of Service and to comply with all applicable laws and regulations.

2.          Definitions

For the purpose of these Terms of Service, the following terms shall have the following meaning:

2.1.      Parties: Pycom and the User, together.

2.2.      Party: either Pycom or the User.

2.3.      Pycom: Pycom Limited, a company registered in England and Wales, registered with the trade registry as 9852962 and currently having its registered office at Highpoint, 9 Sydenham Road, Guildford, Surrey, GU1 3RX, United Kingdom; also referred to as “we”, “us” or “our”.

2.4.      Services: the services offered by Pycom through the Website as described in Clause 3 of these ToS.

2.5.      ToS: an abbreviation used to refer to these Terms of Service.

2.6.      User: any natural person or legal entity making use of the Services that are offered through the Website; also referred to in these ToS as “you” or “your”.

2.7.      Website: the website offered by Pycom at www.pybytes.pycom.io

3.          What you can expect of us

3.1.      Our Services consist of offering you a middleware platform via the Website for managing all your Pycom-modules. The platform enables you to view the status of your device, as well as data sent and received by it. The Services also enables you to rename your device, locate it, see which firmware is loaded, look up the type of network connection used and so on.

4.          Third party services and content

4.1.      Our Services and Website may require the aid or use of third party components (e.g. functionality reliant on the Google Maps-API), which may be subject to your agreement to terms and conditions supplied by these third parties. We will indicate the applicability of such additional terms and conditions where possible in a clear manner.

4.2.      You warrant that you will enable us to comply with our obligations under any applicable third party terms and conditions as referenced in Clause 4.1 and comply with any third party terms and conditions applicable to you directly.

4.3.      We may also display third party content via our Website or Services (e.g. via frames), which content is the sole responsibility and liability of the third party making it available to you. We do not make any warranties or representations with respect to the accuracy, veracity or legal status of such third party content.

5.          What we expect from you

5.1.      When using our Website or Services, you must:

(a)         use reasonable efforts to protect the confidentiality and security of your User account and login details for the Website or Services;

(b)        not threaten or harass other Users;

(c)         not use our Website or Services for the processing of infringing or otherwise unlawful content;

(d)        not infringe upon Pycom’s or a third parties’ intellectual property rights, and not commit any other wrongful acts towards Pycom or a third party;

(e)         not use automated means to access or otherwise engage with our Services or Website, beyond using interfaces explicitly provided by us for use by our Users (e.g. our API);

(f)         not interfere with, limit or impede access to or use of the Website or Services for other Users;

(g)        not acquire access to User-accounts not belonging to you or otherwise acquire access to any parts of our Website or Services which should reasonably not be accessible to you;

(h)        not adapt, modify or reverse engineer the Website or Services, except insofar as such actions cannot be excluded under applicable law, without our explicit prior written consent;

(i)          not intentionally test the security of our Website or Services, without our explicit prior written consent;

(j)          not resell or otherwise re-provide our Services, without our explicit prior written consent;

(k)        comply with all our reasonable instructions regarding the use of the Services and the Website, including these ToS; and

(l)          comply with all applicable laws and regulations regarding online conduct, non-discrimination, intellectual property rights and data protection.

6.          Suspension or termination of Services or access to the Website

6.1.      We are entitled to suspend or terminate, with immediate and indefinite effect, and without prior notice, your access to or use of our Website and Services if you, to be determined at our sole discretion, fail to comply with any of the instructions mentioned in Clause 5.1. You will not be entitled to any compensation for this.

6.2.      Notwithstanding Clause 6.1, we will use reasonable efforts to notify you of any decision to suspend or terminate your access to or use of the Website or Services prior to such a decision coming into effect.

6.3.      If you fail to comply with Clause 5.1 and cause damages, our decision to suspend or terminate your access to or use of the Website or Services will not affect our entitlement to also seek compensation for damages and we expressly reserve the right to seek compensation of damages and costs.

7.          Your content

7.1.      You may be able to store, upload, submit or otherwise cause content to be processed via our Website or Services. In doing so, you retain any rights you have with respect to this content, but grant us, as well as any subcontractors engaged by us, a worldwide, perpetual, royalty-free, fully paid, non-exclusive license to use, store, host, reproduce, display, modify and distribute such content for the purposes of providing, promoting, monetizing and improving our Website and Services. You warrant and represent that you are entitled to grant this license to us and our subcontractors without infringing any third party rights, including intellectual property rights and privacy rights.

7.2.      You agree to indemnify and hold us harmless from and against all third party liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to content stored, uploaded, submitted or otherwise processed via the Services or Website by you.

7.3.      We are entitled to remove any of your content stored, sent or otherwise processed via our Services or Website if necessary to protect our rights or the rights of third parties. We are entitled to do so with immediate effect and without prior notice, but we will try to inform you in advance to give you reasonable time to mitigate the infringement yourself. To the extent permitted by law, we will inform you of any reports we receive from a third party alleging your infringement of their rights.

8.          Changes to the Website and Services

8.1.      We are entitled to change the Services and the Website, at any time and at our sole discretion. We aim to do so with minimally adverse impact on your access to or use of the Services and Website and will try to inform you of any maintenance in advance.

8.2.      We are entitled to permanently stop providing the Services to you or stop providing the Website to you, at any time and for whatever reason. In addition, we are entitled to limit the functionality of the Services and Website and entitled to require payment for continued use of the Services and Website. With respect to the changes described in Clause 8.2, we will use notify you of such changes at least 14 days in advance.

9.          Changes to the ToS

9.1.      We reserve the right to make changes to these ToS at any time and without prior notice. Any changes to the ToS shall enter into effect for all Users immediately upon posting the changes to our Website or upon informing you of the changes via other appropriate means. If you do not agree to the changed ToS, you must discontinue your use of the Services and Website.

10.       Data protection and privacy

10.1.   In order to provide our Website or Services to you, we may need to process your personal data. In addition, you yourself may also choose to store, upload, send, submit or otherwise cause content containing your personal data to be processed via our Website or Services.

10.2.   Our privacy policy ( available at www.pybytes.pycom.io/privacy ) explains how we process and protect your personal data when you use our Services or Website. Be sure to read it before you start using our Services. By using our Services, you agree that we are entitled to process your personal data in accordance with that privacy policy.

11.        Security & responsible disclosure

11.1.   Notwithstanding Clause 5.1 sub (i), we recognize the importance of keeping our systems and data safe, so security is a top priority to us. However, we do realize that, despite our efforts, vulnerabilities may still occur. If you accidentally stumble upon a vulnerability in our Services or Website, we ask that you:

(i)         report this to us without undue delay, so we can take mitigating measures as soon as possible;

(ii)       not exploit or otherwise use the vulnerability more than strictly necessary for the purpose of assessing its extent and reporting it to us (e.g. do not disrupt the Services or Website for other Users, do not copy data from our systems and do not use the vulnerability to launch attacks or mass-communications against third party websites or services); and

(iii)      not share the vulnerability with any third party, without our prior written consent.

11.2.   You can submit any vulnerability report to support@pycom.io. We promise to respond to your report within three business days and to treat your report and identity as confidential information.

12.       Intellectual property rights

12.1.   All our intellectual property rights, including but not limited to any copyrights, trademarks, design rights, database rights and know-how, in connection with the Services or the Website, including content not submitted by Users therein and the selection and arrangement thereof, are and shall remain the sole property of Pycom and, if applicable, its licensors.

12.2.   These ToS do not grant you any license or other right to use our trademarks, logo’s or designs, nor do we transfer any of our intellectual property to you.

13.       Warranties

13.1.   We try to provide our Services using a commercially reasonable level of skill and care. However, except as expressly described in these ToS, we exclude, to the extent permitted by law, all warranties, conditions or representations with respect to the Services or Website. For example, we do not make any guarantees or commitments about the reliability, availability, non-infringement or suitability for your needs of our Services and Website. The Services and Website are provided “as is”.

14.       Liability and indemnities

14.1.   We are not liable for any damages suffered by you, directly or indirectly, related to the use of our Website or Services, regardless of the nature of the claim (i.e. tort, contract or otherwise).

14.2.   Should the exclusion of liability as stipulated in Clause 14.1 not be enforceable against you, our liability shall be limited to the compensation of damages directly attributable to us and to the total sum paid to us by our insurance company with respect to your case.

14.3.   None of the exclusions or limitations stated in these ToS shall apply to damages consisting of personal injury or death, or damages caused by willful misconduct or gross negligence on our part.

14.4.   You agree to indemnify and hold us harmless from and against all third party liabilities, claims, damages and expenses (including reasonable attorney fees) arising from your access to or use of the Services or Website.

15.       Applicable law and dispute resolution

15.1.   These ToS are governed by and construed in accordance with the law of England and Wales, without application of its conflict of laws-rules. We will first attempt to settle any dispute that arises amicably. Should we not be able to reach an amicable solution, any disputes arising between Pycom and the User in connection to the Website, the Services or the ToS will exclusively be resolved by the exclusive jurisdiction of the Courts of England and Wales

 

15.2.   If you are using our Services or Website for personal use only (i.e. you are a consumer) and reside in a country which, by mandatory law, does not allow for the choice of law, jurisdiction or venue described in Clause 15.1, the laws of your country of residence will apply and disputes may be submitted to your local jurisdiction and venue.

16.       Miscellaneous

16.1.   We are entitled to subcontract our rights and obligations related to our performance of the Services to any third party without your consent.

16.2.   Should any provision of the ToS be or become invalid or unenforceable in whole or in part, the remaining provisions shall continue to apply in full and the Pycom and User agree to negotiate in good faith with respect to a valid and enforceable provision approaching as closely as possible the intent of the invalid or unenforceable provision, in order to replace it.

16.3.   Any failure by Pycom to enforce any provision of the Agreement at any time shall not be deemed to be a waiver of its right under these ToS, nor shall it prejudice any of its right to take subsequent action.

16.4.   These ToS set forth the entire agreement between the User and Pycom and supersede any and all prior proposals, agreements, understandings, and contemporaneous discussions, whether oral or written, between the User and Pycom with respect to the Services or Website.

 

Download a copy of these terms here.