Terms and Conditions

The following terms and conditions (“T&C”), adopted by DeviceHub.net in accordance with art. 8 par 1 point 1 of the Polish Act of 18 July 2002 on Rendering of Electronic Services, govern use of all services provided through DeviceHub.net website.

 

  1. Definitions.

For the purposes of these T&C the following words or phrases have the meaning shown below:

  1. DeviceHub.net - IOT Solutions Sp. z o. o. with registered office in Kraków, ul. Przemysłowa 2, 30-701 Kraków, Poland, entered into Registry of Entrepreneurs of the Polish National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, KRS no. 0000545756, NIP (Tax Identification Number): 6793108668, share capital: 6,000,00 zł, paid in full;

  2. User - any natural or legal person that registered through the Website;

  3. Service - the services provided to the User by DeviceHub.net under the terms of these T&C;

  4. Privacy Policy - the document setting out the rules under which DeviceHub.net gathers and processes personal data and other information about the Users;

  5. Website – the website available under www.DeviceHub.net domain name.

 

  1. General provisions.

These T&C lay down the rules for the provision of Service, including:

    1. the types and scope of electronic services provided by DeviceHub.net;

    2. the conditions for concluding and terminating contracts for the provision of electronic services;

    3. the conditions for provision of electronic services, including technical requirements the fulfilment of which is necessary in order to use the Service and the User obligation to refrain from delivery of any illegal content in connection with the Service;

    4. the complaints procedure.

 

  1. Conclusion and termination of contracts on rendering of electronic services by DeviceHub.net.

  1. These T&C constitute an integral part of contracts on rendering of electronic services concluded by DeviceHub.net. By registering an account, you confirm that you have read, understand and accept these T&C and Privacy Policy located here.

  2. The contract on rendering of electronic services between DeviceHub.net and the User is concluded by registration through the dedicated registration system available on the Website.

Where the Custom Package is selected, the contract on rendering of electronic services is concluded upon the acceptance of the offer made by DeviceHub.net in response to the inquiry.

  1. The scope of the Service provided to the User by DeviceHub.net and the price for the Service depends on the package selected by the User at the beginning of the registration process. Available packages have been described in section IV of these T&C.

  2. After the contract is concluded, DeviceHub.net will send User, to the e-mail address provided during the registration, the message confirming the conclusion of the contract on rendering of electronic services, along with these T&C, Privacy Policy and the consumer resignation form. The User hereby accepts this form of confirmation.

  3. The User will refrain from delivery of any illegal content in connection with the Service. By accepting these T&C the User confirms that he will not infringe this obligation.

  4. The contract is concluded for an indefinite period of time. The User may resign from the Service at any time by sending DeviceHub.net the request through the contact form available on the Website or via registered mail, directly to the company registered office. Unless the Service was provided free of charge, the resignation takes effect at the end of the month for which the payment has been made by the User.

  5. The User being the consumer within the meaning of art. 221 of the Polish Civil Code is entitled to withdraw from the agreement within 14 days from the conclusion of the contract on rendering of electronic services by DeviceHub.net without giving any reason and without any costs, apart from the cost of Service provided from the day of conclusion of the contract to the day of withdrawal – if the User has requested commencement of the Service before the expiry of the period of withdrawal.

DeviceHub.net will send the consumer resignation form along with the order confirmation message.

 

  1. The Service.

  1. The Service is a data storage platform integrated with web interface that allows customizable interaction between sensors (electronic devices collecting data from real world, including location, digital and analogue devices) and actuators (electronic devices performing actions in real world, including digital and analogue devices) connected to the Internet. The Service is offered along with tutorial available through the Website and Ask.device.net technical support. Some packages include e-mail or phone technical support.

  2. In order to use the Service, the registration is required. The registration is carried out through the Website and consists in completing the on-line form that includes user name, e-mail address and individual user password. The Service is only available to logged-in Users.

  3. Registering the account, the User may choose from three options defining the scope of the Service:

  1. Free Package - includes integration of up to 100 sensors and 100 actuators, adding up to 100 projects and 100 devices, data retention covering last 30 days, updating data 10 times each second, full tutorial access, Ask.device.net support, e-mail based technical support;

  2. Custom Package - the scope of the Service is defined by the needs of the User and may include integration of potentially unlimited number of sensors and actuators and devices, data retention covering potentially unlimited period of time, customizable frequency of data updating, full tutorial access, phone and e-mail based technical support, private messaging broker, white label platform on private server and custom integration with existing systems.

  1. The Service is provided to User from the time of registration or, in case of Standard Package, Premium Package or Custom Package – from the receipt of payment confirmation by DeviceHub.net.

 

  1. Pricing.

  1. The monthly fee for Service depends on the package chosen by the User:

    1. The service provided to the User within the Free Package is free of charge;

    2. The Custom Package is subject to monthly fee in the amount agreed individually with the User, after defining the scope of the Service (i.e. the number of sensors and actuators to be used, etc.).

  2. The monthly fee is paid in advance, in the beginning of each month in which the Service is provided.

  3. The payment is processed through 2CheckOut payment gateway and is subject to prevailing 2CheckOut terms of use available at the following address: www.2checkout.com/policies/terms-of-use.

  4. DeviceHub.net reserves the right to suspend the access to Service in case of delay in payment.

  5. Our listed plan prices do not include the VAT charge, you will see the VAT charge added to your total before checking out (if applicable).

 

  1. Technical requirements.

  1. In order to use the Service, your system must meet the following minimal technical requirements:

  1. broadband internet connection;

  2. minimal requirements – any internet enabled hardware or software or/and hardware or software capable of using OAuth2 authentication and making JSON requests (in the case of third-party management apps).

  1. DeviceHub.net is not liable for any technical problems or limitations of the equipment applied by the User in order to use the Service and which hinder or prevent the use of the Service.

 

  1. Complaints procedure.

  1. All the complaints concerning the Service should be formed in writing and sent to DeviceHub.net through the contact form available on the Website or via registered mail, directly to the company registered office.

  2. Any notification of complaint should include:

  1. the username;

  2. e-mail address of the User;

  3. detailed description of the problem.

  1. The complaints that do not allow for identification or contact with the User, or that do not provide sufficient problem description, will not be considered by DeviceHub.net.

  2. DeviceHub.net shall consider the complaint within 14 days from the receipt of notification.

  3. DeviceHub.net shall inform the User about the outcome of the complaint in writing, to the e-mail provided by the User in the notification of complaint.

 

  1. Liability.

  1. To the extent permitted by law DeviceHub.net is not liable for any damages incurred by the User due to non-performance or improper performance of the Service or incurred in connection with the use of Service. The Service is offered on an “as is” basis, without any guarantees as to its proper functioning and accuracy.

  2. The limitation of liability, referred to in the preceding paragraph, does not apply to contracts concluded with the User being a customer within the meaning of art. 221 of the Polish Civil Code. DeviceHub.net shall be liable to the User being the consumer under general provisions of civil law. DeviceHub.net assumes no liability for the damage suffered by the User as a result of:

    1. any contents submitted to the Service by the User or created by the User within the Service;

    2. failure, incorrect connection or configuration of the devices applied by the User in connection with the use of Service;

    3. incorrect transmission or delays and interruptions of Service, resulting from causes beyond control of DeviceHub.net, such as interruption in the supply of electricity, telecommunications network failure, etc.;

    4. required technical breaks;

    5. force majeure;

    6. hacking, distributed denial-of-service attack, viruses or other technologically harmful material.

 

  1. Personal Data.

  1. The User gives DeviceHub.net consent for processing of User’s personal data within the meaning of Polish Act of 29 August 1997 r. on the protection of personal data in order to provide the Service.

  2. If the Service is subject to fee, the User gives DeviceHub.net consent to transfer necessary user’s Personal Data to the appointed payment processor.

  3. The User may give DeviceHub.net consent for processing of User’s personal data for purposes of marketing of goods and services offered by DeviceHub.net and DeviceHub.net business partners.

  4. The User may give DeviceHub.net consent to transfer User’s personal data to DeviceHub.net partners for purposes of marketing of goods and services offered by DeviceHub.net business partners.

  5. The User’s personal data shall be administered by IOT Solutions Sp. z o. o. with registered office in Kraków, ul. Przemysłowa 2, 30-701 Kraków, Poland, entered into Registry of Entrepreneurs of the Polish National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, KRS no. 0000545756, NIP (Tax Identification Number): 6793108668, share capital: 6,000,00 zł, paid in full.

  6. The User has the right to access his personal data and to correct it.

  7. The consent for processing of User’s personal data, referred to in paragraph 1 and 2 is voluntary, but may be necessary to register an account and use the Service. The consents for processing of User’s personal data, referred to in paragraphs 2 and 3, are optional.

  8. The User is asked to express his consent or lack thereof during the process of registration.

 

  1. Intellectual property.

  1. DeviceHub.net is the owner or the licensee of all intellectual property to all the material published on the Website, including all source codes used by the Service. Those works are protected by applicable copyright laws.

All rights are reserved.

  1. DeviceHub.net is a registered trademark of IOT Solutions Sp. z o. o.

 

  1. Final provisions.

  1. These T&C are available for download on the Website under following address: http://www.devicehub.net/about/legal.

  2. The recognition of individual provisions of these T&C in the manner prescribed by law to be invalid or unenforceable, shall not affect the validity or enforceability of the remaining provisions hereof. In place of the invalid provision will be applied rule that is closest to the objectives of the invalid provision.

  3. These T&C are effective from 14th of May 2015.

  4. The contracts concluded on the basis of these T&C are subject to the domestic laws of Poland.

 

Privacy Policy

 

In order to ensure security of the Users and to explain the reasons and principles of processing personal data and other confidential information concerning the Users, DeviceHub.net adopts and implements the following privacy policy (“Privacy Policy”) of electronic services available through www.DeviceHub.net website (“Service”):

 

  1. General provisions.

  1. The Service is administered by IOT Solutions Sp. z o. o. with registered office in Kraków, ul. Przemysłowa 2, 30-701 Kraków, Poland, entered into Registry of Entrepreneurs of the Polish National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, KRS no. 0000545756, NIP (Tax Identification Number): 6793108668, share capital: 6,000,00 zł, paid in full (“DeviceHub.net”).

  2. DeviceHub.net is the administrator of personal data processed in the Service.

  3. DeviceHub.net takes all necessary measures to ensure full confidentiality and privacy of personal data and other information concerning the Users, provided directly or indirectly by the Users.

  4. The personal data is processed in accordance with the provisions of applicable law:

    1. Polish Act of 29 August 1997 r. on the protection of personal data as amended (“Personal Data Protection Act”);

    2. Regulation of the Internal Affairs and Administration of 29 April 2004 r. on personal data processing documentation and technical and organizational conditions which should be fulfilled by devices and computer systems used for personal data processing.

  5. For purposes of this Privacy Policy:

    1. Personal Data – is all the data that concerning the natural person that is either identified or may be identified, as defined by Article 6 of Personal Data Protection Act;

    2. Confidential Information – is all the information concerning the User not constituting Personal Data, disclosed by the User in connection with the use of the Service.

 

  1. Personal Data.

  1. DeviceHub.net processes only Personal Data that has been willingly submitted by the User, by DeviceHub.net payment processor, collected and submitted by electronic sensors connected to the Service by the User or generated by the Service.

    1. The Personal Data submitted by the user may include:

  • User first name and last name;

  • User e-mail address;

  • User submitted images;

  • User login;

  • Information submitted by the User along with the description of the project or of the sensors/actuators used within the project, including relations between sensors and between sensors and actuators;

  • Information submitted by the User through the contact form and in the course of correspondence with DeviceHub.net.

    1. The Personal Data submitted by the payment processor may include:

  • Cardholder name, including first name, middle name initial, last name;

  • User billing address and telephone number;

  • Payment method selected by the User.

    1. The Personal Data collected and submitted by the electronic sensors depends on the sensor type and may include any type of analogue, digital or location information defined by the User.

    2. The Personal Data generated by the Service may include:

  • Access logs, including IP addresses of the machines connected to DeviceHub.net servers;

  • Traffic data;

  • Location data;

  • Weblogs;

  • Operating system, browser and other communication data;

  • Actuator and sensor state history.

  1. DeviceHub.net processes Personal Data with respect for the privacy of the Users and with the utmost care for its security. DeviceHub.net has taken all the necessary measures provided for by law, in particular:

    1. uses technical and organizational measures to ensure the protection of Personal Data processed, taking into account the risks and the categories of data being processed;

    2. protects the Personal Data against unauthorized disclosure, takeover by an unauthorized person, processing with the violation of law, any change, loss, damage or destruction;

    3. keeps and develops documentation describing the proper processing of the Personal Data and measures referred to above;

    4. ensures that processing of Personal Data is performed only by authorized personnel;

    5. provides control over the input and transfer of Personal Data.

 

  1. Personal Data processing purposes

  1. DeviceHub.net processes user’s Personal Data in the manner and to the extent necessary for the provision of the Service and may entrust processing of this data to third party, in accordance with provisions of applicable law.

  2. If, according to applicable Terms and Conditions, the Service provided to the user is subject to fee, DeviceHub.net transfers necessary user’s Personal Data to the appointed payment processor.

  3. If the user has given his consent, DeviceHub.net may process user’s Personal Data for purposes of marketing of goods and services offered by DeviceHub.net and DeviceHub.net business partners.

  4. If the user has given his consent, DeviceHub.net may transfer user’s Personal Data to DeviceHub.net business partners for purposes of marketing of their goods and services.

  1. DeviceHub.net may process information after performing irreversible anonymization of Personal Data, in order to analyse how the Service is used by the users and to improve its functionality.

 

  1. Disclosure of Personal Data to third parties.

  1. Without prejudice to section III paragraph 4, DeviceHub.net discloses user’s Personal Data to third parties only to the extent permitted by law. DeviceHub.net employees and partners are obliged to maintain confidentiality of all disclosed Personal Data.

  1. Anonymous data.

  1. DeviceHub.net website (www.DeviceHub.net) may automatically collect anonymous technical data, such as IP address, browser type, operating system and other data on internet activity. The data is used for purposes of system administration and to report aggregate information to DeviceHub.net advertisers. This is statistical data about browsing actions and patterns, and does not identify any individual. DeviceHub.net does not collect Personal Data in this manner.

  2. DeviceHub.net may collect data about general internet usage by using a cookie file stored on the hard drive of the computer. The cookies help DeviceHub.net to improve the website and to provide better and more personalized service. The cookies, in particular, are necessary:

    1. to estimate the audience and usage patterns;

    2. to store information about users preferences, to allow DeviceHub.net to customize the website and deliver a better and more personalized service;

    3. to speed up searches;

    4. to recognize when the user returns to DeviceHub.net website.

  3. The user may refuse to accept cookies by disabling them in the browser. Please note that disabling cookies may result in inability to access certain parts of DeviceHub.net website. Unless the cookies have been disabled, DeviceHub.net website issue cookies when the user logs on to the website.

 

  1. User rights.

  1. The user may update his Personal Data at any time.

  2. The user may, at any time, obtain the information on the Personal Data processed by DeviceHub.net and to exercise control over this data to the extent provided for by the applicable provisions of law.

  3. In order to control, delete or update Personal Data the user shall contact DeviceHub.net through the contact form available on the website. DeviceHub.net will process the request within 14 days.

Refund Policy

Users have the right to demand a refund within 14 days after the date of purchase by using the link available on their profile page.