Last updated 25 November 2022
2. Your Responsibilities
You are responsible for all activity occurring under Your accounts. You shall abide by all applicable laws, treaties and regulations in connection with Your use of the Service, including, without limitation, those related to export control, data privacy, international communications and the transmission of technical or personal data. You shall treat the account information, access and identification codes as confidential and with due care and shall not share any production, confidential or personal data. You shall: (i) notify HERO IoT immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to HERO IoT immediately and use reasonable efforts to stop immediately any copying or distribution of (parts of) Services that is known or suspected by You (iii) not impersonate another HERO IoT User or provide false identity information to gain access to or use the Service.
3.Your Intellectual Property Rights
4. HERO IoT’s Intellectual Property Rights
5. Export control
Information Disclosure. If You disclose to HERO IoT any information that is (i) Covered Defense Information or Controlled Unclassified Information as defined in U.S. Government regulations or (ii) subject to Export Laws that require controlled data handling,You will notify HERO IoT personnel in advance of each instance of disclosure and will use the notification tools and methods specified by HERO IoT.
6. Privacy & Security
HERO IoT’s privacy and security policies may be viewed at hero-iot.com/privacypolicy. HERO IoT reserves the right to modify its privacy and security policies in its discretion from time to time. By providing HERO IoT Your email address You consent to us using the email address to send You Service-related notices, including any notices required by law, changes to features of the Service and special offers. HERO IoT’s implementation, development and operations teams shall have the right to access and use Your account information, and Customer Data for the purpose of delivery of the Service, respond to service or technical problems, on Your request, or to provide Professional Services. HERO IoT shall be entitled to change the account, access- and identification codes assigned.
7. Free Community Edition; Trial Period
8. Representations & Warranties
HERO IoT shall implement commercially reasonable technical and organizational measures to secure availability, confidentiality and integrity with respect to the Services, the Customer Data and personal information. However, unless explicitly otherwise agreed in writing between Parties, the Services are provided on an “as is” and “as available” basis, without warranties of any kind and the Services are accessed or used by You at Your own risk and without any right to support, maintenance, updates or any other services. HERO IoT and its licensors make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service. HERO IoT and its licensors do not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free of operate in combination with any other hardware, software, system or data (b) the Service will meet Your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your Requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server(s) that make the Service available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by HERO IoT and its licensors. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. HERO IoT is not responsible for any delays, delivery failures, or other damage resulting from such problems.
HERO IoT shall not be responsible for any Customer Data. You, not HERO IoT, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and HERO IoT shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. HERO IoT reserves the right to establish or modify its general practices and limits relating to storage of Customer Data. You represent and warrant that You have not falsely identified yourself nor provided any false information to gain access to the Service.
9. Limitation of Liability
HERO IoT may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in HERO IoT’s account information, or by written communication sent by first class mail or pre-paid post to Your address on record in HERO IoT’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to HERO IoT (such notice shall be deemed given when received by HERO IoT) at any time by any of the following: e-mail to email@example.com.
12. Assignment; Change in Control
13. Force Majeur
HERO IoT shall not be bound to fulfill any obligation if prevented from doing so by force majeure. Insofar as not already included, force majeure shall further mean instances of strikes, company sit-ins, blockades, embargoes, government measures, war, revolution and/or any similar state, power failures, faults in electronic communication lines, cable breaks, fires, explosions, water damage, lightning damage, natural disasters, flooding and/or earthquake, shortage of and/or sickness of personnel and non-fulfillment by suppliers of HERO IoT or force majeure on the part of suppliers of HERO IoT.
You agree that HERO IoT may terminate the providing of any gratuitous Services at any time, for any reason and without prior notice. You agree that HERO IoT shall not be liable to You and/or any third party for any modification, suspension, or termination of the Service. The following Sections shall survive the termination and/or expiration of this Agreement: Sections 3 (Your Intellectual Property Rights); 4 (HERO IoT ’s Intellectual Property Rights); 8 (Representations & Warranties); 9 (Limitation of Liability); 10 (Indemnification); and 16 (Final Provisions).
15. Modification to Terms
16. Final Provisions
“Agreement”, “Contract”: the arrangements agreed in a form or a document or in some other way, under which HERO IoT will deliver the Services or any other products or services defined therein.
“Content”: the audio and visual information, documents, software, products, services, proprietary tools, source code samples, generic templates and reusable components, App Store content, libraries, know-how, techniques and expertise, (i) contained or made available to you in the course of using the Service, or (ii) used or developed by HERO IoT in the course of developing or delivering Customer Deliverables.
“Customer Data”: any data, information or material, including posts, comments, documents, project information, models, applications, templates, code, widgets, themes, application data, user information and account information, provided, submitted, created, saved, added, uploaded or made available by You to the Service in the course of using or accessing the Service, except Services (or parts thereof) and Feedback.
“Customer Deliverables”: means deliverables that are provided by HERO IoT as part of Professional Services that: (i) constitute Customer Data, or a modification, translation, abridgment or adaptation of Customer Data, or (ii) are expressly identified as being owned by You in the applicable Order Form or SOW, The term “Customer Deliverable(s)” does not include Content.
“Feedback”: any suggestions, ideas, enhancement (requests), recommendations or other feedback provided by You or any other party relating to the Services.
“HERO IoT”, “Us”, “Our”, “We”: any activity of “Siemens Industries Software Inc.” (a corporation under the law of the United States of America), including, but not limited to “HERO IoT Technology B.V.”( a private limited liability companies under Dutch law), or any affiliated or subsidiary company doing business as HERO IoT.
“Party”, “Parties”: You or HERO IoT individually (‘Party’) or together (‘Parties’).
“Sanctioned Country” means a country or territory that is itself the subject or target of any comprehensive trade or economic sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine).
“Sanctioned Person” means any person (i) listed in the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control or in any Export-Control-Related list of designated persons maintained by the U.S. Department of Commerce, the U.S. Department of State, the United Nations Security Council, the European Union, any Member State of the European Union, or the United Kingdom; (ii) operating, organized, or resident in a Sanctioned Country; (iii) the government of, or acting for or on behalf of the government of, Venezuela or a Sanctioned Country; or (iv) owned or controlled by one or more such persons
“Service”, “Services”: means all products, services of HERO IoT, including but not limited to Sprintr and our websites, Business Modeler, Business Server, Team Server, Cloud Portal, App Store, Marketplace, (mobile) Apps, Content (as defined above), applications, other software, Support Portal, Forum, Partner Portal, (cloud) hosting services, platform as a service, documentation and manuals, except Customer Data.
“You”, “Your”, “User(s)”: anyone who entered into an Agreement with HERO IoT or uses or accesses a Service of HERO IoT, including Your employees, representatives, consultants, contractors or agents who are authorized to use or access the Service of HERO IoT or have been supplied user identifications and passwords by You (or by HERO IoT at Your request), even if no charge is due or registration is needed.
18. Questions or Additional Information