Netsy

Netsy: An Internet of Things (IoT) network planning and survey software Terms of Services

(Last updated June 14, 2023)

Please read the following terms and conditions carefully as it sets out the terms of a legally binding agreement between you (the reader/ user) and SenRa Tech Pvt. Ltd.

The Netsy: An Internet of Things (IoT) network planning and survey platform (“Netsy”) is being made available by SenRa Tech Pvt. Ltd., (hereinafter referred to as “SenRa”, “we”, “us”, or “our”) to you on the condition that you agree to these terms and conditions (the “Terms of Service” or “Agreement”). “Licensee”, “You”, or “Your” refers to the person accessing or using the Services, or, if the Services are being used on behalf of an organization, such as an employer, then, “Licensee”, “You”, or “Your” means such organization. In the latter case, the person accessing or using the Services represents and warrants that he or she has the authority to do so and bind such organization to these Terms of Service. Violation of any of the terms below will result in the termination of this Agreement and the Services. BY CLICKING THE “I AGREE TO THE TERMS AND SERVICE” CHECKBOX OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THESE TERMS AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MUST NOT ACCESS OR USE THE SERVICES.

1. Certain Definitions.

“Application” means the software applications which: (i) are developed, stored, accessed, and/or supported by you using the Services; (ii) add substantial functionality beyond the functionality provided by the components furnished by SenRa; (iii) are not commercial alternatives for, or competitive in the marketplace with, any components of the Software, or any other SenRa’s products or services; and (iv) are designed to only function on the SenRa’s application platform.

“Cloud Services” means the third party vendor(s) and hosting partner(s) that SenRa uses to provide the infrastructure, hardware, software, networking and technology to run the Services.

“Content” means all data and content, such as data files, written text, keys, computer software, music, audio files or other sounds, photographs, videos or other images that is processed using the Services, including those used in the development of your Application.

“Developer Account” means an account specific to one of your Licensed Developers through which the Licensed Developer accesses the Services for your benefit or on your behalf.

“Documentation” means any accompanying documentation made available to you (electronically or otherwise) by SenRa for use of the Services provided by us.

“Licensed Developer” means (1) you, if you are an individual, or (2) if you are an organization, an individual employee or third-party consultant duly authorized to develop and use the Services for and on behalf of you in accordance with this Agreement. Each Licensed Developer must register his or her own Developer Account and must not use the Services except under the terms of this Agreement.

“Services” means the SenRa’s Internet of Things (IoT) network planning and survey platform, Netsy, including the Cloud Services and Software, as well as the various software products of SenRa accessible through the Services.

“Software” means any SenRa’s proprietary software products, SDKs, code, files, or other software made available to you through the Services, together with any fixes, updates, and upgrades provided to you.

2. Developer License Grant.

Subject to the terms and conditions set forth in this Agreement, SenRa hereby grants you, a limited, personal, non-transferable, non-sub licensable, revocable and non-exclusive license to access and use the Services in the development of your application solution as set forth in the Documentation, the use of Services shall be in accordance with Terms of Use stated in this agreement. Any and all rights in the Services not expressly granted to you hereunder are reserved in all respects with SenRa. Except as expressly granted in this Agreement or the Documentation, You are not licensed to use, copy, modify, or distribute copies of all or any portion of the Services. SenRa may terminate this license at any time for any reason.

3. License Limitations.

Except as specifically permitted in the terms of this Agreement, you must not (and you must not allow any of your Licensed Developers to):

3.1 copy, modify, adapt, translate, reproduce or otherwise create derivative works of the Services (including the Software) or any software, services, or other technology of the third-party vendor(s) or hosting partner(s) with whom SenRa engages to provide the infrastructure, hardware, software, networking, storage, and related technology required to operate and provide the Services;

3.2 reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services;

3.3 rent, lease, sell, resell, assign, sublicense, or otherwise transfer rights in or to the Services, or make the Services available on a “Service Bureau” basis or otherwise allow any third party to use or access any of the foregoing (except independent (authorised) contractors acting on your behalf);

3.4 remove or modify any proprietary notices, legends, marks or labels on the Services;

3.5 use, post, transmit, or introduce into the Services any device, software, virus, worm, back door, trojan horse, similar harmful code, or routine which interferes or attempts to interfere with the operation of the Services or SenRa’s LoRaWAN network, Products; or

3.6 access or use the Services in a manner that: (a) violates any applicable laws; (b) violates the rights of any third party; (c) purports to subject SenRa’s any other obligations; or (d) for any purpose not specifically permitted in this Agreement.

3.7 You will not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of Services, except to the extent permitted by this Agreement or the Documentation. Any unauthorized use of Services is strictly prohibited.

4. Content.

The Services do not include storage capabilities. You agree that you are solely responsible for (and that SenRa has no responsibility towards you or any third party for) any content that you or your Licensed Developer(s) create or display or submit or upload while using the Services. You further agree that you are solely responsible for the consequences of actions and activities of you and/ or your Licensed Developer(s) (including any loss or damage which SenRa may suffer). You are solely responsible for the backup of your Content and acknowledge that you and your Licensed Developer(s) are using or displaying or uploading or submitting the content at your own risk.

If you and/or your Licensed Developer(s) is submitting or uploading or displaying any information, material, content on SenRa’s An Internet of Things (IoT) network planning and survey platform, Netsy, you grant a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to SenRa, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Under no circumstances will the SenRa be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of Services by you and/ or your Licensed Developer(s).

5. Privacy / Collection and Use of Data.

If you or your Licensed Developer(s) collect, store, or process personal information when using these Services, You agree to comply with all privacy and data protection laws, taking into account the nature of the information to be processed, as well as the features and limitations of the Services as described in this Agreement or as otherwise provided to you or your Licensed Developer(s). The Services, in the normal course of operations, provides SenRa with aggregated, statistical data (such as product or feature usage and functionality metrics), which is anonymized and aggregated with other such anonymized data (“Aggregated Anonymous Data”). To the extent that any Aggregated Anonymous Data is collected by SenRa, You agree that SenRa may use, store, analyze, and disclose such Aggregated Anonymous Data for any lawful business purpose without a duty of accounting to you.

SenRa does not sell or share any personally identifiable information such as Name, address, phone no., email address, volunteered on Netsy to any third party (public/private). Any information provided on Netsy will be protected from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

SenRa may gather certain information about the User, such as Internet protocol (IP) address, domain name, browser type, operating system, the date and time of the visit and the pages visited. SenRa shall make no attempt to link these addresses with the identity of individuals visiting Netsy unless an attempt to damage Netsy has been detected.

6. User/ Licensee Responsibility:

You must;

Be a natural person to access or seek to access Netsy and use the Services;
Not access or link to or seek to access or link to (either directly or indirectly) any other person's Service account;
Not permit any other person to use your username and password; keep your Netsy account (“account”) username, password, at all times and not disclose your password to anyone else;
Report the SenRa’s Management or Concerned Officials immediately if you suspect that the security of your account may have been compromised e.g.: your password or username has been lost or stolen. Contact us using the details at Contact Us;
Ensure your personal details (including your name and date of birth) are accurate and keep up to date with Netsy;
You are responsible for any use of your Netsy account using your username and password, whether or not such use has been authorized by you.

7. Information that you provide on Netsy:

If, within your account, you are asked to provide information, the information you supply must be complete and accurate. You acknowledge that if you supply incomplete, inaccurate or false information, use Netsy to perform (or attempt to perform) an unauthorized action, or otherwise misuse it, then SenRa may suspend or terminate your access to Netsy.

Giving false or misleading information is a serious offence. Providing incomplete, inaccurate or false information will be treated in the same way as providing incorrect information on a form or in person and may result in prosecution and civil or criminal penalties.

8. Security:

SenRa may apply security technologies and procedures to help protect against unauthorized access or use of the Services. SenRa does not guarantee the success of such technologies and procedures. You are solely responsible for the security, protection and backup of your Content, and any other Content or software, you or your Licensed Developer(s) use in connection with the Services.

9. Term and Termination.

9.1 Term and Termination. This Agreement will continue in effect from the date the Licensee has clicked on the box “I agree to the terms and service” until terminated by a party in accordance with this Section. Either party may, upon written notice to the other party, immediately terminate this Agreement at any time and without cause. SenRa may temporarily suspend all or any part of the rights granted under this Agreement immediately and without notice, if SenRa, in its sole discretion, believes that you have violated or attempted to violate any term, condition or the spirit of this Agreement, engages in illegal or malicious activities, interferes with any other user (i.e., hacking or intrusion), or for any other reason.

9.2 Effect of Termination. Upon termination of this Agreement, all rights and licenses granted herein shall cease, and the Licensee shall cease all use or access to the Services and shall return to SenRa or destroy all items, including Software and Documentation, provided by SenRa hereunder. Licensee is solely responsible for backing up all source code, software, information or other materials uploaded to the Services. SenRa has no liability for the deletion of such materials after the termination of this Agreement.

10. Use of Third-Party Services and Links to Third Party Sites.

You understand that SenRa uses third party vendor(s) and hosting partner(s) to provide the necessary infrastructure, hardware, software, networking, storage, and related technology required to run the Services. SenRa is not responsible for the services provided by such third party vendor(s) and hosting partner(s). The Services may also include links to third party sites. SenRa does not control such sites and is not responsible for the content of any linked site, any links contained in a linked site, or any changes or updates to such sites. SenRa is not responsible for any form of transmission received from any linked site. You acknowledge and agree that SenRa is not liable for any loss or damage which may be incurred by you as a result of the availability of third party vendor resources or external sites.

SenRa is not responsible for the contents of the linked websites, provided on Netsy and does not necessarily endorse the views expressed in them. Mere presence of the link or its listing on Netsy should not be assumed as endorsement of any kind. We cannot guarantee that these links will work all the time and we have no control over availability of linked destinations.

11. Intellectual Property.

All title and ownership rights in and to the Services, the intellectual property embodied in the Services, and any trademarks, Patents or service marks of SenRa that are used in connection with the Services are and shall at all times remain exclusively owned by SenRa and its Licensors. Any and all rights in and to the Services not expressly granted to Licensee, are reserved and retained by SenRa.

12. Warranties.

The Services are provided on an “as is” basis without any warranties of any kind to the fullest extent permitted by law, and SenRa expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. Licensee acknowledges that SenRa does not warrant that the services will be uninterrupted, timely, secure, error-free and/or free from viruses or other malicious software, if any, and no information or advice obtained by licensee from SenRa shall create any warranty not expressly stated in these terms of service.

13. Limitation of Liability.

To the maximum extent permitted by applicable law, in no event will SenRa be liable for any indirect, special, incidental, or consequential damages arising out of this Agreement, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, SenRa’s entire liability under any provision of this agreement shall not exceed the amount as decided by the management of SenRa, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. SenRa is not responsible for any liability arising out of content provided by licensee or a third party that is accessed through the software and/or any material linked through such content.

14. Indemnity.

You agree to indemnify, hold harmless, and defend SenRa and its resellers from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney’s fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from your use of the Services in violation of this Agreement.

15. Confidentiality.

Except as otherwise provided herein, each party expressly undertakes to retain in confidence all information and know-how transmitted or disclosed to the other that the disclosing party has identified as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and expressly undertakes to make no use of such information and know-how except under the terms and during the existence of this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that: (i) it received rightfully from a third party without an obligation to maintain such information in confidence; (ii) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence; (iii) was known to the receiving party prior to its disclosure by the disclosing party; or (iv) is independently developed by the receiving party without use of the confidential information of the disclosing party. Further, either party may disclose confidential information of the other party as required by governmental or judicial order, provided such party gives the other party prompt written notice prior to such disclosure and complies with any protective order (or equivalent) imposed on such disclosure. Except for the Content You upload to the Services, You agree not to disclose any confidential information to SenRa and any such information shall not, absent a separate written agreement, create any confidentiality obligation for SenRa. Without limiting the foregoing, Licensee shall treat any source code for the Software as confidential information and shall not disclose, disseminate, or distribute such materials to any third party without SenRa’s prior written permission. Each party’s obligations under this Para 13 shall apply at all times during the term of this Agreement and for five (5) years following termination of this Agreement, provided, however, that (i) obligations with respect to source code shall survive in perpetuity and (ii) trade secrets shall be maintained as such until they fall into the public domain.

16. Governing Law.

The parties’ SenRa and the Licensee or the User agrees that this Agreement shall be governed by the Indian Law. If any dispute, controversy, or claim arise out of or in connection with these terms and conditions, then it must be resolved by a good faith discussion between the parties, and thereafter, if is not resolved, then it shall be submitted for resolution to the competent court of law in New Delhi, India. The Cost of litigation & other expenses in connection thereof shall be borne by the parties as decided by the Court of Law.

17. Entire Agreement.

This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications regarding the subject matter hereof. Use of any purchase order or other Licensee document in connection herewith shall be for administrative convenience only and all terms and conditions stated therein shall be void and of no effect unless otherwise agreed to in writing by both parties.

18. No Assignment.

You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without SenRa’s prior written consent.

19. Survival.

For avoidance of doubt, any provisions of the Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any provision of the Agreement which, by its nature, is intended to survive shall remain in effect following any termination or expiration of the Agreement.

20. Severability.

If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.

21. Force Majeure.

Neither Party shall be responsible for delay or default in the performance of its obligations due to contingencies beyond its control, such as fire, flood, civil commotion, earthquake, war, strikes or government action, or change in Applicable Laws, regulations or policies. If either Party is prevented by such from performing its obligations under this Agreement, such Party shall promptly notify the other Party to that effect.

If such event continues to exist for a continuous period of 6 (six) months, the Parties shall decide the course of action, which may include temporary suspension of this Agreement or termination.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN SENRA AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.