Terms of Use

Last Modified: January 25, 2023

1. Introduction. Welcome to the IoTFlows website which is located on www.iotflows.com (“Site” or “Website”). This website is owned and operated by IoTFlows Inc from the United States. Throughout the Site, the terms “we”, “us”, “IoTFlows”, “platform” and “our” refer to IoTFlows Inc. We offer this website and our products, equipment, services and software for global users, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or using the IoTFlows products, equipment, software and services, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, companies, businesses, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, our or any other of our policy, you should not use the Services.

2. General Information. IoTFlows is a platform that enables companies with real-time communication and remote control from sensors/devices/machines. We also provide cloud servers, cloud analytics, alerts/notifications, dashboards/visualization, and team collaboration services.

2.1 We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice.

3. Eligibility. The use of IoTFlows platform is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. By making an offer to purchase products you expressly authorize us to perform where IoTFlows feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

4. IoTFlows Equipment. IoTFlows may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment, IoTFlows may charge you a fee for replacement equipment (see Fee Schedule). Equipment fees are subject to change. Unless explicitly stated otherwise on our website, IoTFlows owns all equipment provided by IoTFlows in connection with the Services. From time to time, IoTFlows may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment. You authorize IoTFlows to install software upgrades on any equipment provided by IoTFlows. You also agree not to use the IoTFlows-owned equipment for any purpose other than using the Services.

5. Other Fees. The Services may be subject to additional fees (see Fee Schedule).

6.Billing and Payment. You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you or someone with access to the Services pursuant to your IoTFlows account. IoTFlows will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online IoTFlows account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. IoTFlows will bill one-time charges in the billing cycle following your authorization of such charges. You authorize IoTFlows to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. IoTFlows will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, IoTFlows may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. If you request that IoTFlows reinstate any suspended or terminated Services, IoTFlows may charge you a reconnection fee. You agree that IoTFlows is not responsible for any third party charges you may incur in connection with your credit card or other payment method.

7. Pricing Policy. Prices shown on the Site are in US Dollars. Sometimes we need to make changes to the price of some of our services. When this happens, we’ll update the prices on our website. If you had placed your order for a service before the price change, the price will be as stated on our website at the time when you had placed your order.

8. General Terms.

8.1 All users must purchase a subscription plan (“Monthly” or “Yearly”) through the payment method accepted on this Site.

8.2 Users can change their subscription plans through their login account.

9. Changing and Canceling Services; Termination. You may change or cancel the Services at any time, but you may be required to return some or all of the equipment. If you do not return this equipment, you may be required to pay a replacement fee. When you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that your Service changes. If you request cancellation of all your Services, your Services will be available until the cancellation date you select. Once your service is disconnected, a credit for the remaining portion of the current billing cycle will be applied towards any remaining balance. Your IoTFlows account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded to the last used payment method in your IoTFlows account. If your Services included free or paid-for subscriptions to services other than those provided by IoTFlows, IoTFlows will stop covering the costs of those services at the time your account is terminated or suspended. It will be up to you to work with the provider of those services to determine whether you wish to continue subscribing to those services and how you will pay for them. IoTFlows reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.

11. Risk. You use this Site and our platform at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

12. Accounts, Registrations, and Passwords. If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. IoTFlows is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of IoTFlows. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify IoTFlows immediately of any breach of security or unauthorized use of your account. IoTFlows cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

13. Intellectual Property Rights. Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution, or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at info@iotflows.com

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

14. Monitoring Activity. IoTFlows has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. IoTFlows has no obligation to display or post any content. IoTFlows, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. IoTFlows shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by IoTFlows or any other party.

15. Warranty. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IOTFLOWS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND THE SOFTWARE, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. WE WARRANT THAT THE SOFTWARE WHEN USED WILL BE AS INTENDED AND SHALL SATISFY THE FUNCTION AND PERFORMANCE FEATURES AS DESCRIBED ON THE EFFICIENT ELEMENTS WEBSITE AT THE TIME WHEN THE ORDER WAS PLACED.

16. Limitation of Liability. You agree that in no event shall IoTFlows be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or IoTFlows secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

17. Indemnification. You agree to indemnify and hold IoTFlows and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty, or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

18. Dispute Resolution & Governing Laws. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and you hereby submit to the exclusive jurisdiction of the courts in the US State where IoTFlows Inc. is incorporated in.

19. Children. You may not use or engage with our website if you are under 18 years of age. If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

20. Changes. We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

21. Electronic Communications. When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

22. Severability. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

23. Assignment. We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

24. Force Majeure. IoTFlows is not liable for any delays caused by circumstances beyond IoTFlows’ control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, IoTFlows shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and IoTFlows are entitled to terminate the purchase with immediate effect.

25. Entire Agreement. These Terms and Conditions set forth the entire understanding and agreement between you and IoTFlows concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral, or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive IoTFlows right to act concerning subsequent or similar breaches.

26. Term and Termination. This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. Upon the revocation of the right to use the Site, you shall destroy, or cause to have destroyed any copies of the information you have obtained from the Site. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to IoTFlows shall survive any termination.

27. Contact Us. For any questions, complaints, and queries or to report any violations, kindly get in touch through our contact us section or by sending us an email at support@iotflows.com