Terms and Conditions
Introduction
By accessing or using IXAIO’s IoT hardware development and data platform services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using our services.
IXAIO reserves the right to modify or update these Terms and Conditions at any time. We will notify you of significant changes by posting the updated terms on our website. Continued use of our services after such updates constitutes acceptance of the modified terms.
For clarity in these Terms and Conditions, certain terms are defined as follows: 'Services' refers to IXAIO’s IoT hardware, data platform, and associated offerings; 'Platform' denotes the software and infrastructure provided by IXAIO; 'User' means any individual or entity accessing our services; 'Hardware' refers to IoT devices and sensor equipment developed by IXAIO; 'Personal Data' encompasses any information relating to an identified or identifiable individual, as per applicable data protection laws; 'Data Processing' includes any action performed on personal data, such as collection, storage, or analysis.
Compliance with Local Regulations
IXAIO is committed to complying with data protection and privacy regulations applicable in the jurisdictions we operate. Our data collection, processing, and handling practices adhere to relevant laws to protect user data and privacy.
For users in the EU, UK, and Switzerland, IXAIO complies with the GDPR, ensuring that personal data is processed lawfully, transparently, and securely. Users have rights to access, rectify, erase, and restrict processing of their personal data.
For users in California, IXAIO adheres to the CCPA, giving users the right to know what personal data we collect, the right to request deletion of personal data, and the right to opt-out of the sale of their personal information.
For users in Japan, IXAIO complies with the APPI, ensuring personal data is handled securely and transparently. Users can request access to their data, correct inaccuracies, and withdraw consent for data usage.
For users in Singapore, IXAIO follows the PDPA to ensure personal data is collected, used, and disclosed responsibly. Users have the right to access, correct, and limit the use of their personal data.
For users in Australia, IXAIO abides by the Australian Privacy Principles, which govern the handling of personal information, providing rights to access and correction, as well as controls on use and disclosure of personal information.
For users in the United Kingdom, IXAIO complies with the UK Data Protection Act and GDPR requirements, ensuring lawful, fair, and transparent processing of personal data, with rights to access, correction, and restriction.
For users in Switzerland, IXAIO complies with the Swiss Data Protection Act, providing safeguards for personal data collection, processing, and cross-border data transfers.
IXAIO adheres to specific IoT and sensor device regulations applicable in different jurisdictions, ensuring that all hardware products meet local standards for safety, security, and network compliance.
IXAIO ensures that its IoT hardware and sensor devices comply with the respective standards in the EU, North America, and Japan, addressing requirements for device safety, network security, and user privacy.
IXAIO adheres to industry best practices for secure data transmission and processing. We implement encryption and security protocols that meet the standards for data protection and network security in all regions of operation.
User Accounts and Responsibilities
To access certain features of IXAIO’s services, users may need to create an account. Users agree to provide accurate, current, and complete information during the registration process and update such information as necessary to keep it accurate and complete.
Users are responsible for maintaining the security and confidentiality of their account credentials. IXAIO recommends choosing a strong password and changing it regularly. Users must notify IXAIO immediately of any unauthorized access or security breach of their account.
Users agree to use IXAIO’s services solely for lawful purposes and in a manner that does not infringe the rights of others. Users must not misuse the platform, including engaging in unauthorized access, data interference, or distribution of harmful content. Any violation of these responsibilities may result in suspension or termination of the user’s account.
Acceptable Use Policy
Users agree not to engage in any activities that violate the law, infringe upon the rights of others, or are otherwise harmful or disruptive. Prohibited activities include, but are not limited to, unauthorized access to networks or accounts, distribution of malware or harmful code, and attempts to circumvent security measures on IXAIO’s platform.
Users must not interfere with or disrupt the integrity, security, or performance of IXAIO’s network, servers, or infrastructure. Any actions such as network abuse, excessive data consumption, or use of the platform to gain unauthorized access to systems are strictly prohibited.
IXAIO reserves the right to investigate any suspected violations of this Acceptable Use Policy and may take appropriate actions, including suspending or terminating user accounts, restricting access, or initiating legal proceedings where necessary.
Service Availability and Maintenance
IXAIO strives to provide continuous access to its services but does not guarantee uninterrupted availability. Service uptime may vary due to factors such as network limitations, maintenance, or unforeseen issues, and IXAIO disclaims liability for any downtime beyond its control.
To ensure the ongoing performance and security of IXAIO’s services, we may occasionally need to conduct scheduled maintenance. Users will be notified in advance of any planned maintenance that may impact service availability.
In the event of an unplanned interruption, IXAIO will work to restore access as quickly as possible. Users acknowledge that temporary interruptions may occur and agree that IXAIO is not liable for any loss or inconvenience resulting from such interruptions.
Intellectual Property
All intellectual property rights in IXAIO’s services, platform, hardware, software, content, and any associated materials are owned by IXAIO or its licensors. Users are granted a limited, non-exclusive, non-transferable license to use the services solely for their intended purposes, in accordance with these Terms and Conditions.
Any data generated by users through the use of IXAIO’s hardware or platform remains the property of the user, provided it does not infringe on IXAIO’s rights or violate any laws. Users grant IXAIO a license to process, store, and use this data as needed to deliver services, subject to data privacy and protection policies.
If a user believes their intellectual property rights have been violated by IXAIO’s services or content, they should promptly contact us at [IXAIO Contact Information](https://ixaio.com/information). IXAIO will investigate all claims of infringement and take appropriate action, which may include removing or disabling access to infringing content.
Data Handling and Security
IXAIO collects data from users to provide and improve our services. This may include personal information, usage data, and technical data from IoT devices. All data collection is conducted in compliance with relevant data protection laws and only for specified, lawful purposes.
Data collected from users is used to operate, maintain, and enhance IXAIO’s services. This includes processing data for device functionality, data analysis, support services, and personalization. IXAIO does not sell personal data to third parties and only shares it as necessary to fulfill the service, as outlined in our Privacy Policy.
IXAIO implements industry-standard security measures, including data encryption, access controls, and regular security assessments, to protect user data from unauthorized access, disclosure, or modification. While we strive to ensure the security of user data, we cannot guarantee absolute protection against all threats.
When IXAIO engages third-party data processors, we ensure they comply with our data protection standards. All third-party processors are contractually obligated to safeguard user data in accordance with applicable laws and IXAIO’s data handling policies.
Hardware-Specific Terms
IXAIO provides a limited warranty for its IoT hardware devices, covering manufacturing defects for a specified period from the date of purchase. This warranty does not cover damage caused by misuse, unauthorized modifications, or external factors. Users can refer to our warranty policy or contact us at [IXAIO Contact Information](https://ixaio.com/information) for support or warranty claims.
To ensure optimal functionality, IXAIO may provide periodic firmware or software updates for its hardware devices. Users are responsible for installing updates as necessary to maintain device performance and security. Failure to install updates may impact device functionality, and IXAIO disclaims liability for issues resulting from outdated firmware or software.
Payment and Fees
IXAIO’s pricing structure for hardware and data platform services is outlined on our website and may vary based on selected services, subscription plans, and region. IXAIO reserves the right to adjust pricing; however, users will be notified of any changes before they take effect.
Payment for services is due according to the billing cycle chosen during registration. IXAIO accepts various payment methods as specified on our website. Users are responsible for providing accurate billing information and ensuring timely payments. Failure to make payments may result in suspension or termination of access to services.
Refunds are available under certain conditions, as outlined in IXAIO’s refund policy. Requests for refunds must be submitted within the specified period after purchase. Refunds are processed at IXAIO’s discretion and are subject to deductions for used services or non-refundable fees, as applicable.
Users may cancel their subscription or service plan by contacting us at [IXAIO Contact Information](https://ixaio.com/information). Upon cancellation, access to the services will continue until the end of the current billing period, with no further charges applied thereafter. Cancellation does not entitle users to a refund for the unused portion of the billing cycle, unless otherwise stated in our refund policy.
Limitation of Liability and Indemnification
To the fullest extent permitted by law, IXAIO and its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with the use or inability to use our services, including but not limited to damages for lost profits, data loss, or business interruption, even if IXAIO has been advised of the possibility of such damages. IXAIO’s total liability for any claim related to these terms shall not exceed the amount paid by the user for the services in the preceding twelve (12) months.
Users agree to indemnify, defend, and hold harmless IXAIO and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected to (i) the user’s violation of these Terms and Conditions, (ii) the misuse of IXAIO’s services, or (iii) any infringement or violation of the rights of a third party due to the user’s actions. This indemnification obligation will survive the termination of the user’s account or cessation of use of our services.
Dispute Resolution
These Terms and Conditions and any disputes arising out of or relating to them or IXAIO’s services are governed by the laws of the jurisdiction in which IXAIO is headquartered, without regard to conflict of law principles. Users agree to submit to the exclusive jurisdiction of the courts within this jurisdiction for the resolution of any disputes.
In the event of a dispute, IXAIO and the user agree to first attempt to resolve the issue through informal negotiation. If the dispute is not resolved within 30 days, either party may request to proceed with arbitration. Any arbitration will be conducted in accordance with the rules of a recognized arbitration body agreed upon by both parties, and will take place in a mutually agreed location, with costs shared equally unless otherwise determined by the arbitrator.
IXAIO complies with mandatory dispute resolution requirements in specific jurisdictions, which may require alternative procedures for resolving disputes. Where applicable, such jurisdiction-specific provisions will override the terms of this section to the extent of any inconsistency.
Miscellaneous
IXAIO shall not be liable for any failure to perform or delay in performance of its obligations under these Terms and Conditions due to events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, labor strikes, governmental actions, or interruptions in power or telecommunications services.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.
These Terms and Conditions constitute the entire agreement between the user and IXAIO regarding the use of our services, superseding any prior agreements or understandings, whether written or oral. Any additional or conflicting terms proposed by users are expressly rejected unless accepted in writing by IXAIO.
User Rights and Obligations
Users have the right to access and use IXAIO’s services in accordance with these Terms and Conditions. Users also have rights regarding their personal data, including the rights to access, correct, delete, and control how their personal data is processed, as described in our Privacy Policy.
Users agree to use IXAIO’s services responsibly and in compliance with all applicable laws and these Terms and Conditions. Users must not engage in activities that harm or interfere with the proper functioning of IXAIO’s services or that violate the rights of other users or third parties. Users are responsible for maintaining the security and confidentiality of their account information and for all activities conducted through their account.
Notifications and Communications
IXAIO will communicate with users through various methods, including email, in-app notifications, or updates on our website. Users agree to provide a valid email address and keep their contact information up to date to receive important notifications regarding their account and our services.
IXAIO reserves the right to update these Terms and Conditions and other policies as necessary. Users will be notified of significant changes through email or notifications on our platform. Continued use of our services after updates have been communicated constitutes acceptance of the revised terms.
Conclusion
By using IXAIO’s services, users acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or require further clarification, please contact us at [IXAIO Contact Information](https://ixaio.com/information).