Kaa Sandbox Terms of Use

Effective Date: May 10, 2017

Thank you for your interest in accessing and using the Kaa Sandbox (”Sandbox”). By accessing or using the Kaa Sandbox, you (“you” or “your”) agree that you have read, understood, accept and will comply with these Kaa Sandbox Terms of Use, and agree that you will be legally bound by these terms. These terms govern all access and use to the Sandbox, which is owned and offered by KaaIoT Technologies LLC.(“KaaIoT Technologies”, “we”, or “our”).

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT USE OR ACCESS THE SANDBOX.

KaaIoT Technologies reserves the right to modify these Terms and Conditions at any time, at our sole discretion, without notice to you. When modifications are made, a new version of the Terms and Conditions shall be posted to the Website, and the “effective date” shall be revised. You should regularly check this document for any changes or modifications. Your continued use of the Kaa Sandbox following any changes to this Policy shall constitute your acceptance of the changes and the revised terms.

Disclaimer

You acknowledge that the The Kaa Sandbox is provided on an “AS IS” and “AS AVAILABLE” basis. You also agree that all access and use of the Kaa Sandbox is at your own risk, and acknowledge that the Sanbox may contain errors or inaccuracies that could cause failures, including, but not limited to, data corruption or loss of data from the Kaa Sandbox and from peripherals (including, without limitation, servers and computers) connected thereto. You are responsible for performing your own backup of your computer, devices and data that you store or access through the Kaa Sandbox. KaaIoT Technologies is not obligated to provide any maintenance, technical or other support for the Kaa Sandbox, and shall not be responsible for any damages that occur from its use.

YOU EXPRESSLY AGREE THAT USE OF THE KAA SANDBOX IS AT YOUR SOLE RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HARM OR DAMAGE OF ANY KIND THAT MAY RESULT FROM YOUR USE OF THE SANDBOX, OR FROM ANY CONTENT, APPLICATION OR MATERIALS OFFERED THROUGH THE SANDBOX. YOU AGREE THAT YOU ARE COMPLETELY RESPONSIBLE FOR YOUR USE OF THE SANDBOX, AND THAT YOUR SOLE REMEDY AGAINST KAAIOT TECHNOLOGIES RELATED TO USE OF THE SANDBOX SHALL BE TO DISCONTINUE USE. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OR OF YOUR USE OF THE SANDBOX.

Changes to the Kaa Sandbox

KaaIoT Technologies reserves the right to modify the Kaa Sandbox in part or in whole, or to terminate or suspend access to the Kaa Sandbox, at any time, without notice to you. You agree that KaaIoT Technologies shall not be liable for any damages to you or to any third party for any modification, termination, or suspension of access or use of the Kaa Sandbox.

Components of the Sandbox

The Kaa Sandbox has been designed to provide an environment where you can develop connected products and other IoT solutions using the Kaa IoT platform.

The Kaa Sandbox is made up of several open source software components licensed under Apache 2.0:

  • Kaa IoT Platform
  • Kaa Sandbox Frame
  • Kaa Sample Applications

The Kaa IoT Platform, Kaa Sandbox Frame and Kaa Sample Applications have been combined to create an independent virtual platform (The Kaa Sandbox) solely for demonstration, education and evaluation purposes.

Rules of the Kaa Sandbox

You agree that you are responsible for your conduct and content while using the Kaa Sandbox and for any resulting consequences. Furthermore, You agree to use the Kaa Sandbox only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines.

(i) You are permitted to use the Sandbox at no charge after registering with KaaIoT Technologies. KaaIoT Technologies reserves the right to revoke access to the Sandbox without notice to you.

(ii) You are not permitted to launch a production application or service using the Kaa Sandbox. The Kaa Sandbox is provided exclusively for demonstration, education, and evaluation of the Kaa IoT Platform in a hosted environment. It is explicitly prohibited to use the Kaa Sandbox for commercial or production purposes.

Prohibited Uses of the Kaa Sandbox

You agree that when using the Kaa Sandbox, you will not:

  1. use the Sandbox for any illegal or unauthorized purpose;
  2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  3. upload, post, email, transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
  4. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have permission from the owner to post such content;
  5. upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by applicable law, this Agreement, or any applicable policies or guidelines;
  6. create user accounts under false pretences or by automated means;
  7. restrict or inhibit any other user from using and enjoying the Sandbox;
  8. download or distribute any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
  9. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
  10. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature;
  11. remove any copyright, trademark or other proprietary rights notices contained in the Sandbox or in any Sandbox documents;
  12. interfere with or disrupt access to the Kaa Sandbox, its services, servers or networks;
  13. promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.

Violations of Terms or Applicable Laws

KaaIoT Technologies reserves the right to take necessary action in response to violations of these Terms and Conditions or of any applicable laws. Such actions may include, but are not limited to:

  1. Disclosure of your identity or other information if required by law or by court order. Information disclosed may include communications between you and KaaIoT Technologies.
  2. Termination of your access to the Kaa Sandbox. KaaIoT Technologies shall not be liable for any termination to you or to any third party.
  3. Taking legal action against you. If KaaIoT Technologies takes legal action because of your violation of these Terms and Conditions, we shall be entitled to recover costs and reasonable attorney’s fees resulting from such action.

Proprietary Rights

Reservation of Rights. KaaIoT Technologies reserves all right, title and interest in and to the Kaa Sandbox, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Trademarks. All Logos, marks, brand names, and trademarks displayed on this website and in the Kaa Sandbox are the property of KaaIoT Technologies or of their respective third party owners.

Your Content and Contributions

You agree that your contributions, comments, suggestions, or improvements, or contributions made by You (“Content”) may be used, reproduced, distributed, made available for public display, or used to create derivative works by KaaIoT Technologies. By contributing content you grant to KaaIoT Technologies a perpetual and irrevocable license use Content contributed by you for any purpose, and in any medium, worldwide. You accept full responsibility for your Content, and warrant that you have the exclusive right to submit such Content, that it does not violate any third party intellectual property rights,that it does not violate any applicable laws, and that its use, reproduction or distribution will not give rise to any type of civil or criminal liability. Under no circumstances shall you be entitled to reimbursement, compensation, or consideration of any kind from KaaIoT Technologies for your “Content”.

Privacy

The KaaIoT Technologies Privacy Policy is incorporated to these Terms and Conditions, and apply to all use of the Kaa Sandbox.

Limitation of Liability

IN NO EVENT WILL KAAIOT TECHNOLOGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNEES BE RESPONSIBLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AS WELL AS LOST PROFITS ARISING OUT OF THE USE, INABILITY TO USE THE KAA SANDBOX OR ANY OTHER PRODUCTS OR SERVICES, INCLUDING THIRD PARTY PRODUCTS AND SERVICES THAT ARE MADE AVAILABLE.

ADDITIONALLY YOU ACKNOWLEDGE AND AGREE THAT NEITHER KAAIOT TECHNOLOGIES, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNEES SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, OMISSIONS, LOSSES OF DATA, VIRUSES, OR TRANSMISSION OF DATA ARISING FROM USE OF THE KAA SANDBOX, OR ANY CONTENT OR APPLICATIONS MADE AVAILABLE THROUGH THE SANDBOX. THESE LIMITATIONS SHALL APPLY TO ALL COMPUTERS, SERVERS, DEVICES, CHIPS, AND OTHER EQUIPMENT OR PERIPHERALS THAT MAY BE AFFECTED.

THESE LIMITATIONS SHALL APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold KaaIoT Technologies, its officers, directors, employees, agents, affiliates, assignees and successors, harmless from and against any claims, liabilities, damages, losses, and expenses, (including, without limitation, reasonable legal fees, costs and expenses), arising out of or in any way connected with your use of the Kaa Sandbox, your violation of these Terms of Use, your violation of any law, or of any third party rights, including but not limited to intellectual property rights of third parties.

Governing Law

These Terms and Conditions shall be subject to the laws of the State of Florida, without regard to conflict of law provisions, and shall govern any disputes arising between you and KaaIoT Technologies, its officers, directors, employees, agents, affiliates, successors or assignees. In case of any dispute between you and KaaIoT Technologies, you consent to exclusive venue and jurisdiction in state and federal courts located in Miami-Dade County, Florida.

You waive any right to trial by jury and any defenses relating to venue and jurisdiction, to the extent permissible by law, in regard to disputes arising from use of the Kaa Sandbox or the Terms and Conditions.

Export Compliance

You agree to comply with all laws and restrictions controlling the export of products and information of The United States or of foreign authorities, and to not export or re-export the Kaa Sandbox in violation of any rules, restrictions, regulations, laws, acts, or trade sanctions.

General

This Agreement and the Privacy Policy referenced herein constitute the entire agreement between you and KaaIoT Technologies, govern your use of the KaaIoT Technologies, and supersede any prior agreements between you and KaaIoT Technologies. If any provision of this agreement is held void or unenforceable, the remaining terms shall remain in full force and effect.