Terms of Service
Last Updated: 25 September, 2024
These Terms of Service ("Terms") govern your access to and use of the IoT data monitoring platform ("Service") provided by Oxstone ehf ("us", "we", or "our"), as well as our website at www.oxstone.com.
1. Acceptance of Terms
By accessing or using our Service you agree to be bound by these Terms. If you're using the Service on behalf of an organization, you're agreeing to these Terms for that organization and confirming you have the authority to do so. In that case, "you" and "your" will refer to that organization.
2. Services
Oxstone ehf provides an IoT data monitoring platform ("Service") designed to assist in data collection, analysis, and monitoring for various applications across multiple industries. Users acknowledge and agree that:
a) Our Service is a supplementary tool to aid in monitoring and decision-making processes. It is not intended to replace professional judgment, physical inspections, or other industry-standard practices and safety measures.
b) The Service should be used in conjunction with other tools, methodologies, and expert assessments appropriate to the user's specific industry and application.
c) Users are responsible for implementing appropriate redundancies, safety protocols, and decision-making processes in addition to our Service, particularly in applications where data accuracy and system reliability are crucial.
d) The performance, accuracy, and reliability of the Service depend on various factors, including but not limited to the quality and timeliness of input data, proper use of the platform, regular maintenance, and external environmental factors.
e) Users should independently verify any data or information critical to their operations and maintain appropriate backup systems and contingency plans.
f) Oxstone is not liable for any consequences resulting from decisions made or actions taken based on data or information provided by our Service.
3. Accounts
Organizations need to contact us directly to set up organization and billing accounts. Once established, administrators can add coworkers or other users to their projects. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
Subscriptions and Payments
We offer project-based subscriptions with terms ranging from one month to three years. We also offer enterprise contracts that are not project-based.
Payment is due at the start of your term for the entire term. You can pay via credit card or bank transfer. For bank transfers, we will send an invoice with payment due within 30 days. Monthly subscriptions must be paid by credit card.
5. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Oxstone ehf and its licensors. The Service is protected by copyright, trademark, and other laws of both Iceland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Oxstone ehf.
6. User Content and Data
You retain any and all of your rights to any data you submit, post or display on or through the Service and you are responsible for protecting those rights.
7. Restrictions on Use
You may not modify, distribute, sell, lease, or create derivative works based on our Service, in whole or in part, unless you have been specifically authorized to do so by us in writing.
8. User Conduct
Users agree not to engage in any activity that disrupts or interferes with Oxstone's services, including but not limited to unauthorized access attempts, data scraping, or actions that may compromise our systems. Prohibited activities also include violating laws or infringing on intellectual property rights. Oxstone reserves the right to suspend or terminate access for users who violate these terms or engage in behavior deemed harmful to our platform.
9. Third Party Access
The Service can be used by engineering companies that share access to their own projects with third parties. You are responsible for managing such access and ensuring compliance with these Terms.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
a) Oxstone ehf, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Service. This includes, but is not limited to, damages for loss of profits, data, use, or other intangible losses.
b) We are not liable for damages arising from: (i) reliance on data provided through the Service; (ii) decisions or actions based on our Service; (iii) system downtime or interruptions; (iv) data inaccuracies or errors; or (v) failures of equipment or systems connected to our Service.
c) These limitations apply regardless of the basis of liability, even if we have been advised of the possibility of such damages.
d) In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the greatest extent permitted by law.
e) Our total liability for any claim arising from the Service will not exceed the amount you paid for the Service over the twelve (12) months preceding the claim.
By using the Service, you agree to these limitations of liability.
11. Disclaimer of Warranties
Oxstone ehf provides its services "as is" and "as available" without warranty of any kind, express or implied. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Furthermore:
a) We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.
b) We do not guarantee the accuracy, completeness, or reliability of any data or information provided through the Service.
c) We are not responsible for any decisions made or actions taken based on the data or information provided by our Service.
d) Users access and use our Service at their own risk.
e) We do not warrant that our Service will meet all of your requirements or expectations.
Users are advised to independently verify any critical data or information and to maintain appropriate backup and redundancy systems.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Iceland, without regard to its conflict of law provisions.
13. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service will be resolved through good faith negotiations. If such negotiations are unsuccessful, both parties agree to submit to binding arbitration in Iceland under the rules of the Nordic Arbitration Centre.
14. Changes to Terms
Oxstone may modify these Terms at any time. Changes are effective immediately upon posting to our website. For significant changes, we will attempt to notify you via email. Continued use of our Service after changes constitutes acceptance of the modified Terms. It is your responsibility to regularly review these Terms.
15. Contact Us
If you have any questions about these Terms, please contact us at hello@oxstone.com.
By using our Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.