+91 9910728638 (IND) | hello@iotfy.co

Terms of Service

  1. YOUR AGREEMENT WITH IOTFY

1.1 Your use of the IoTfy service is governed by this agreement (the “Terms”). “IoTfy” means IoTfy Pvt. Ltd., located at Plot No. 18
Sector 23, Gurgaon, Haryana, India, and its subsidiaries or affiliates involved in providing the IoTfy Services. The “IoTfy Services” means the services IoTfy makes available through this website, including this website, the IoTfy platform, the IoTfy APIs, and any other software or services offered by IoTfy in connection thereof.

1.2 In order to use the IoTfy Services, you must first agree to the Terms. You can agree to the Terms by actually using the IoTfy Services. You understand and agree that IoTfy will treat your use of the IoTfy Services as acceptance of the Terms from that point onwards.

1.3 You may not use the IoTfy Services if you are a person barred from receiving the IoTfy Services under the laws of the India or other countries, including the country in which you are resident or from which you use the IoTfy Services, or international laws or treaties. You affirm that you are over the age of 13, as the IoTfy Services are not intended for children under 13.  IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE IOTFY SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR

1.4 You agree that your use or purchases of IoTfy Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by IoTfy or any of its affiliates regarding future functionality or features.

 

  1. YOUR ACCOUNT AND USE OF THE IOTFY SERVICES

2.1 You must provide accurate and complete registration information any time you register to use the IoTfy Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify IoTfy immediately.

2.2 Your use of the IoTfy Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

2.3 You agree not to (a) access (or attempt to access) the administrative interface of the IoTfy Services by any means other than through the interface that is provided by IoTfy in connection with the IoTfy Services, unless you have been specifically allowed to do so in a separate agreement with IoTfy, or (b) engage in any activity that interferes with or disrupts the IoTfy Services (or the servers and networks which are connected to the Service).

2.4 You may use the IoTfy Services only to develop and run Applications on the IoTfy infrastructure. You may not access the IoTfy Services for the purpose of bringing an intellectual property infringement claim against IoTfy or for the purpose of creating a product or service competitive with the IoTfy Services.

2.5 Your account may have usage limits, as further explained on the IoTfy website or other documentation provided by IoTfy.  The IoTfy Services shall not permit you to exceed the hard usage limits. IoTfy reserves the right to enforce soft usage limits in its sole discretion, which may result in IoTfy serving a “quota exceeded” page to you or your end users (“End Users”). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.

 

  1. PRIVACY AND RESTRICTIONS ON USE

3.1 The IoTfy Services shall be subject to the privacy policy for the IoTfy Services available at http://www.iotfy.co/privacy. You agree to the use of your data in accordance with IoTfy’s privacy policies.

3.2 You agree that you will protect the privacy and legal rights of the End Users of your Application. You must provide legally adequate privacy notice and protection for such End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Application and to IoTfy.

3.3 The Content displayed and/or processed through your Application or other web site utilizing the IoTfy Services shall not contain any of the following types of content:

(a.) Content that infringes a third party’s rights (e.g., copyright) according to applicable law;

(b.) Excessively profane content;

(c.) Hate-related or violent content;

(d.) Content advocating racial or ethnic intolerance;

(e.) Content intended to advocate or advance computer hacking or cracking;

(f.) Gambling;

(g.) Other illegal activity, including without limitation illegal export of controlled substances or illegal software;

(h.) Drug paraphernalia;

(i.) Phishing;

(j.) Malicious content;

(k.) Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
3.4 You may not and may not allow any third party, including your End Users, to:

(a.) Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

  1. sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
  2. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

iii. data mining any web property (including IoTfy) to find email addresses or other user account information;

  1. sending unauthorized mail via open, third-party servers;
  2. sending emails to users who have requested to be removed from a mailing list;
  3. selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and

vii. sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
(b.) Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content

(c.) Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

(d.) Conduct or forward pyramid schemes and the like;

(e.) Transmit content that may be harmful to minors;

(f.) Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;

(g.) Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;

(h.) Use the IoTfy Services to violate the legal rights (such as rights of privacy and publicity) of others;

(i.) Promote or encourage illegal activity;

(j.) Interfere with other users’ enjoyment of the IoTfy Services;

(k.) Sell, trade, resell or otherwise exploit the IoTfy Services for any unauthorized commercial purpose;

(l.) Modify, adapt, translate, or reverse engineer any portion of the IoTfy Services;

(m.) Remove any copyright, trademark or other proprietary rights notices contained in or on the IoTfy Services;

(n.) Reformat or frame any portion of the web pages that are part of the IoTfy Services’ administration display;

(o.) Use the IoTfy Services in connection with illegal peer-to-peer file sharing;

(p.) Display any content on the IoTfy Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;

(q.) Modify the IoTfy logo or any other IoTfy Marks; or

(r.) Use the IoTfy Services, or any interfaces provided with the IoTfy Services, to access any IoTfy product or service in a manner that violates the Terms or other terms and conditions for use of such IoTfy product or service.

 

  1. FEES FOR USE OF THE IOTFY SERVICES

4.1 Subject to the Terms, the IoTfy Services are provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at http://www.iotfy.co/ (or such URL as IoTfy may provide).

4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in IoTfy fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees IoTfy incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on IoTfy’s measurements of your use of the IoTfy Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of IoTfy and only in the form of credit for the IoTfy Services. Nothing in these Terms obligates IoTfy to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to IoTfy may be shared by IoTfy with companies who work on IoTfy’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to IoTfy and servicing your account. IoTfy may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. IoTfy shall not be liable for any use or disclosure of such information by such third parties. IoTfy reserves the right to discontinue the provision of the IoTfy Services to you for any late payments.

4.3 IoTfy may change its fees and payment policies for the IoTfy Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL IoTfy may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

4.4 You may not develop multiple Applications to simulate or act as a single Application or otherwise access the IoTfy Services in a manner intended to avoid incurring fees.

 

  1. CONTENT ON THE IOTFY SERVICES AND TAKE DOWN OBLIGATIONS

5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the IoTfy Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude the web application that you create using the IoTfy Services and any source code written by you to be used with the IoTfy Services (collectively, “Applications”).

5.2 IoTfy reserves the right (but shall have no obligation) to remove any or all Content from the IoTfy Services. You agree to immediately take down any Content that violates the Terms, including pursuant to a take-down request from IoTfy. In the event that you elect not to comply with a request from IoTfy to take down certain Content, IoTfy reserves the right to directly take down such Content or to disable Applications.

5.3 In the event that you become aware of any violation of the Terms by an End User of Applications, you shall immediately terminate such End Users’ account on your Application. IoTfy reserves the right to disable Applications in response to a violation or suspected violation of the Terms.

5.4 You agree that you are solely responsible for (and that IoTfy has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the IoTfy Services and for the consequences of your actions (including any loss or damage which IoTfy may suffer) by doing so.

5.5 You agree that IoTfy has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.

 

  1. PROPRIETARY RIGHTS

6.1 You acknowledge and agree that IoTfy (or IoTfy’s licensors) own all legal right, title and interest in and to the IoTfy Services, including any intellectual property rights which relates to or subsists in the IoTfy Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2 Except as provided in Section 8, IoTfy acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the IoTfy Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with IoTfy, you agree that you are responsible for protecting and enforcing those rights and that IoTfy has no obligation to do so on your behalf.

 

  1. LICENSE FROM IOTFY AND RESTRICTIONS

7.1 IoTfy gives you a limited, personal, worldwide, revocable, royalty-free, non-assignable and non-exclusive license to use the software provided to you by IoTfy as part of the IoTfy Services as provided to you by IoTfy. This license is for the sole purpose of enabling you to use and enjoy the benefit of the IoTfy Services as provided by IoTfy, in the manner permitted by the Terms.

7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the IoTfy Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by IoTfy, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the IoTfy Services or any Applications running on the IoTfy Services.

7.3 Open source software licenses for components of the IoTfy Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with IoTfy for the use of the components of the IoTfy Services released under an open source license.

7.4 IoTfy hereby grants you a limited, personal, revocable, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the IoTfy trademarks and logos expressly provided to you by IoTfy for the sole purpose of promoting or advertising that you use the IoTfy Services (the “Marks”). You agree that all goodwill generated through your use of the IoTfy Marks shall inure to the benefit of IoTfy. You shall not use any IoTfy Mark to disparage IoTfy, its products or services, or in a manner which, in IoTfy’s reasonable judgment, may diminish or damage its goodwill in the Mark or imply endorsement by IoTfy. You agree to cease all such uses upon written notification by IoTfy. You agree not to take any action which might lead a third party to think that any IoTfy’s Mark is owned by you, or which might adversely impact IoTfy’s reputation. You shall at all times use the IoTfy Marks in a manner consistent with trademark laws. You shall notify IoTfy immediately of any improper, infringing, confusing or unauthorized use of IoTfy’s Marks of which you become aware. You shall not alter the appearance of any IoTfy Mark or obscure such Mark in any way. Changing the color, font, or proportions of any IoTfy Mark is prohibited.

 

  1. LICENSE FROM YOU

8.1 IoTfy claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the IoTfy Services you give IoTfy a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling IoTfy to provide you with the IoTfy Services. Furthermore, by creating an Application through use of the IoTfy Services, you give IoTfy a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling IoTfy to provide you with the IoTfy Services.

8.2 You may choose to or we may invite you to submit comments or ideas about the IoTfy Services, including without limitation about how to improve the IoTfy Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place IoTfy under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/ or to disclose the Idea on a non-confidential basis or otherwise to anyone.

8.3 You agree that IoTfy, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the IoTfy Services.

 

  1. ADD-ONS

9.1 IoTfy may make available through the IoTfy Services additional features, functionality, and services offered by its third-party partners (“Add-ons”). Your use of Add-ons is subject to these Terms and to the applicable fees. You acknowledge for each Add-on you subscribe to or purchase through the IoTfy Services, these Terms constitute a binding agreement between you and the third party licensor of that Add-on (“the Add-on Provider”) only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on; IoTfy is acting as agent for the Add-on Provider in providing each such Add-on to you; IoTfy is not a party to the license between you and the Add-on Provider with respect to that Add-on; and IoTfy is not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that IoTfy and its affiliates are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that IoTfy will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.

9.2 By subscribing to or purchasing an Add-on, you grant IoTfy permission to share your Application, Content, and user information with the Add-on Provider as necessary in order to provide you the Add-on.

9.3 The license granted to you to use any Add-on is personal to you, and is not sub-licensable to your End Users. You may not provide or resell Add-ons to others

 

  1. RECOMMENDATIONS

IoTfy may, and you grant us permission to, make recommendations via the IoTfy Services for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the IoTfy Services. We will never make recommendations directly to your End Users.

 

  1. MODIFICATION AND TERMINATION OF THE IOTFY SERVICES

11.1 IoTfy is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the IoTfy Services which IoTfy provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the IoTfy Services will be effective with respect to all versions of the IoTfy Services; examples of changes to the form and nature of the IoTfy Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

11.2 You may terminate these Terms at any time by canceling your account on the IoTfy Services. You will not receive any refunds if you cancel your account.

11.3 You agree that IoTfy, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the IoTfy Services may be without prior notice, and you agree that IoTfy will not be liable to you or any third party for such termination.

11.4 You are solely responsible for exporting your Content and Application(s) from the IoTfy Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).

11.5 Upon any termination of the IoTfy Services or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective after these Terms are terminated.

 

  1. EXCLUSION OF WARRANTIES

12.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT IOTFY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE IOTFY SERVICES IS AT YOUR SOLE RISK AND THAT THE IOTFY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

12.3 IOTFY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE IOTFY SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IOTFY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE IOTFY SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE IOTFY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE IOTFY SERVICES WILL BE ACCURATE.

 

  1. LIMITATION OF LIABILITY

13.1 SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IOTFY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

13.2 THE LIMITATIONS ON IOTFY ‘S LIABILITY TO YOU IN SECTION 12.1 ABOVE SHALL APPLY WHETHER OR NOT IOTFY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

  1. INDEMNIFICATION

You agree to hold harmless and indemnify IoTfy, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “IoTfy and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the IoTfy Services, (c) your violation of applicable laws, rules or regulations in connection with the IoTfy Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, IoTfy will provide you with written notice of such claim, suit or action.

 

  1. COPYRIGHT POLICY

15.1 You agree to set up a process to respond to notices of alleged infringement that comply with the India’s IT Act. It is IoTfy’s policy to respond to Cyber Cell notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid legal notice.

15.2 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the IoTfy Services, please notify IoTfy copyright agent, as set forth in the IT Act. For your complaint to be valid under the law, you must provide the following information in writing:

(a.) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

(b.) Identification of the copyrighted work that you claim is being infringed;

(c.) Identification of the material that is claimed to be infringing and where it is located on the IoTfy Services;

(d.) Information reasonably sufficient to permit IoTfy to contact you, such as your address, telephone number, and e-mail address;

(e.) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

(f.) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

IoTfy’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Email: legals [at] IoTfy [dot] com

Any other feedback, comments, requests for technical support or other communications should be directed to IoTfy customer service through support [at] IoTfy [dot] com.

 

  1. OTHER CONTENT

16.1 The IoTfy Services may include hyperlinks to other web sites or content or resources or email content. IoTfy may have no control over any web sites or resources which are provided by companies or persons other than IoTfy.

16.2 You acknowledge and agree that IoTfy is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 You acknowledge and agree that IoTfy is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

 

  1. CHANGES TO THE TERMS

17.1 IoTfy may make changes to the Terms from time to time. When such changes are made, IoTfy will make the updated Terms available on its website.

17.2 You understand and agree that if you use the IoTfy Services after the date on which the Terms have changed, IoTfy will treat your use as acceptance of the updated Terms.

 

  1. GENERAL LEGAL TERMS

18.1 The Terms constitute the whole legal agreement between you and IoTfy and govern your use of the IoTfy Services (but excluding any services which IoTfy may provide to you under a separate written agreement), and completely replace any prior agreements between you and IoTfy in relation to the IoTfy Services.

18.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

18.3 If IoTfy provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

18.4 You agree that IoTfy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the IoTfy Services. By providing IoTfy your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

18.5 You agree that if IoTfy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which IoTfy has the benefit of under any applicable law), this will not be taken to be a formal waiver of IoTfy’s rights and that those rights or remedies will still be available to IoTfy.

18.6 IoTfy shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

18.7 The Terms, and your relationship with IoTfy under the Terms, shall be governed by the laws of the Delhi Jurisdiction without regard to its conflict of laws provisions. You and IoTfy agree to submit to the exclusive jurisdiction of the courts located within Delhi to resolve any legal matter arising from the Terms.

18.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the IoTfy Services upon written notice to the assigning party.
Effective as of Oct 18, 2014