Terms & Conditions

These Terms & Conditions (the "Terms") govern the access to and use of the services provided by Thinger.io, the entity identified in Section 2 below (referred to as "Thinger.io", "We" or "Our"): the free Thinger.io Cloud on the community servers, Private Cloud instances (reachable at https://console.thinger.io or at the custom domain configured for each instance) and ThinRemote (collectively, the "Service"). On-Premise and Enterprise deployments are governed by their own agreement. These Terms are a legally binding agreement between Thinger.io and the entity or person accepting them ("Customer" or "You"). By using the Service, the Customer acknowledges and agrees that it has read, understood and consents to be bound by the Terms, and that all users the Customer authorizes or invites to use the Service ("End Users") are bound by these Terms.

1Submission and Acceptance of the Terms

1.1Customer use of the Service is subject to the terms and conditions contained in this document, as well as the Privacy Policy, the Service Level Agreement, the Stripe Terms of Service and any other website or service policies or conditions adopted and integrated with the Service from time to time, all of which form part of the Terms.

1.2These Terms are effective (the "Effective Date" ) when a Customer accesses the Service for the first time. If you are accepting the Terms or accessing the Service on behalf of a Customer, you represent and warrant that (i) you have full legal authority to bind the Customer to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the Customer, to these Terms. Likewise, the Customer is liable for, and represents and warrants, the acceptance of and compliance with these Terms by all its End Users.

Please do not use the Service if you do not agree to and accept all of the Terms. You acknowledge and agree that Thinger.io may amend any Terms at any time by posting the amended and restated Terms on this page. Unless otherwise explicitly announced by Thinger.io, any changes to the Terms become effective as soon as they are posted. By continuing to use the Service, you agree to be bound by the latest released Terms.

1.3You may request to enter into other terms, conditions and agreements ("Additional Agreement"), whether online or offline, with Thinger.io. If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall prevail for the services it covers.

1.4You may not assign these Terms to any person or entity, except as provided in Section 12.4.

1.5Thinger.io may change the Terms from time to time where such change is required to comply with applicable law, applicable regulation, court order, or guidance issued by a governmental regulator or agency, where such change is expressly permitted by the data processing and security policies, or where such change (i) is commercially reasonable; (ii) does not result in a degradation of the overall security of the Service; (iii) does not expand the scope of or remove any restrictions on the processing of Customer personal data, as described in the Privacy Policy; and (iv) does not otherwise have a material adverse impact on the Customer's rights.

2Provision of Service

2.1The Thinger.io legal entity that you are contracting with is INTERNET OF THINGER S.L., VAT ESB88230602, with registered office at C/Jacinto Benavente, 2A, Planta 1ª, Edificio Tripark, 28232 Las Rozas de Madrid, Spain, registered with the Commercial Registry of Madrid, Volume 38329, Folio 61, Section 8, Sheet M-681979 (referred to as "Thinger.io" ). Contact: info@thinger.io.

2.2You must register as a customer in order to access and use the Service.

2.3Thinger.io has the right to restrict, suspend or terminate your access to or use of the Service or any of its features due to a breach of the Terms or of an Additional Agreement.

2.4The features of the Service may vary for different regions and countries. Thinger.io gives no warranty or representation that the Service, or any feature or function thereof, will be available in all countries and regions or for all users, especially for Customers on the then-current sanctions list. Thinger.io may in its sole discretion limit, deny or create different levels of access to and use of the Service for different users.

2.5Thinger.io may discontinue or modify the Service or any of its functionality. We will notify the Customer at least 12 (twelve) months before discontinuing the Service or an associated feature, unless it is replaced with a service or component providing the same functionality.

3Use of the Service

3.1Your compliance with any and all applicable laws and regulations is a condition of your access to and use of the Service. You agree that, when using the Service, you will not engage in fraudulent or deceptive practices and will not provide products or services to persons on the sanctions list referenced in Section 2.4, terrorists, extremists or any other illegal or semi-legal entities.

3.2With respect to content made available via the Service, the Customer and its End Users agree that they will not: (a) copy, modify, or create a derivative work of the Service; (b) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Service (except to the extent such restriction is expressly prohibited by applicable law); (c) sell, resell, sublicense, transfer, or distribute any or all of the Service; (d) access or use the Service (i) for High Risk Activities, for which the Customer bears sole responsibility for any and all consequences; (ii) in violation of the Terms; (iii) with the intent of avoiding Service fees or in a manner that circumvents Service-specific limits; (iv) to engage in cryptocurrency mining; (v) contrary to the general purpose of the Service and its official documentation; (vi) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (vii) in a manner that breaches, or causes the breach of, Export Control Laws; or (viii) to transmit, store, or process personal information subject to GDPR and United States HIPAA regulations except as permitted by law; (e) without limiting the generality of the foregoing, copy, reproduce, download, compile or otherwise use the Service for the purpose of operating a business that competes with Thinger.io; or (f) access or use the Service to produce, promote or provide to End Users materials (i) that are defamatory, obscene, abusive, invasive of privacy, or offensive, including but not limited to content related to child pornography, bestiality or other types of illegal sexual content; (ii) obtained from or via the Service for any purpose not expressly permitted in the Terms or an Additional Agreement; or (iii) that infringe or misappropriate the Intellectual Property Rights or proprietary rights of Thinger.io or others in connection with your use of the Service.

3.3You agree that you will not: (a) undertake any action to gain unauthorized access to any computer, network, database or device of any Customer or End User; (b) attempt to breach any security or authentication measures used in connection therewith; (c) forge your domicile or the origin of requests, including faking TCP/IP packet headers, email headers, or any part of any message describing its origin or route, or operate any network services such as open proxies, open mail relays or open recursive domain name servers; (d) do any act which, in the sole opinion of Thinger.io or as detected by the protection mechanisms of the Service, may undermine the security of the Service and its Customers; or (e) engage in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks potentially affecting the Service performance or its availability to particular Customers.

3.4You agree that you will not distribute, send, or facilitate the sending of any unsolicited electronic commercial messages, engage in any form of spamming activities that are in breach of the laws and regulations of any relevant jurisdiction, or otherwise do any act or thing which constitutes promotion and marketing message abuse.

3.5You acknowledge and agree that by disclosing any information to us, you warrant that you have the full power, title and authority to disclose and submit such information and that the use of such information in accordance with these Terms shall not expose us to any claim, liability, or prosecution.

3.6In addition to the Privacy Policy provisions in relation to personal data, you agree that any data and information, including personal data, provided to us for processing, storage, hosting or any other purposes in connection with your purchase and use of the Service ("Information") will be stored and processed in the location where the Service is hosted. For Private Cloud instances, Customer data is hosted in the AWS region chosen by the Customer. This may be in a different jurisdiction from where you are located, so such Information may need to be transferred to another jurisdiction. Transfers outside the European Economic Area rely on the safeguards described in the Privacy Policy.

3.7You acknowledge and agree that any such transfer or processing of such Information is necessary to process and administer your customer account and to provide the Service.

3.8You acknowledge and agree that Information related to your payment method, including your card or PayPal account details, card number, last four digits of the card number, security code and expiration date, will be transferred to, stored and processed directly by our third-party payment service provider (Stripe) in order to process your payment transactions, and we will generally not store or have access to any such Information.

3.9With respect to any other Information that you provide to us or that is collected by us, including Information provided at registration, Information we record pertaining to your activities, and Information provided voluntarily by you, we will not disclose such Information outside of us, our affiliates or our third-party service providers unless: (i) you request us to do so; (ii) your End User has provided consent for us to do so; (iii) as provided in these Terms or in accordance with your agreement(s) with us; or (iv) to comply with applicable law, legal process or lawful government requests, or in respect of any claims or potential claims brought against us.

4Withdrawal and Suspension of the Service

4.1Thinger.io shall have the right, at its sole and absolute discretion, to remove, modify or reject any content that you submit to, post or display on the Service which in our sole opinion is unlawful, violates the Terms, or could subject Thinger.io to liability, and no refund will be due in such case.

4.2If we become aware that the Customer's or any End User's use of the Service violates the Terms, we will notify you of the violation and request that you cure it. If the Customer fails to correct the violation within 24 hours of our request, we may suspend all or part of the Customer's use of the Service until the violation is corrected, or delete the customer account completely.

4.3Notwithstanding Section 4.2, Thinger.io may immediately suspend all or part of the Customer's use of the Service if (i) we reasonably believe that Section 3 has been breached; (ii) there is suspected unauthorized third-party access to the Service; or (iii) an immediate suspension is necessary to comply with applicable law. At the Customer's request, we will notify the Customer of the basis for the suspension as soon as reasonably possible. The suspension may be lifted if the event that caused it is resolved within 15 (fifteen) days after the suspension.

5Limitation of Liability

5.1To the maximum extent permitted under applicable law, the Service is provided "as is", "as available" and "with all faults", and Thinger.io hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, availability, accuracy, reliability, merchantability, fitness for a particular purpose and non-infringement, or as to the Service being uninterrupted, error free, free of harmful components, secure, or not otherwise causing damage or loss of functionality or data.

5.2Thinger.io does not warrant the validity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided on or through the Service.

5.3Thinger.io does not represent or warrant that the use of products or services offered or displayed via the Service to End Users does not violate any third-party rights. Any material downloaded or otherwise obtained through the Service is obtained at your sole discretion and risk, and you are solely responsible for any damage or loss of data that may result from the download of any such material.

5.4You hereby agree to indemnify and hold Thinger.io, its affiliates, directors, officers and employees harmless from and against any and all losses, claims and liabilities which may arise from your use of the Service or from your breach of any of the Terms. You hereby further agree to indemnify and hold Thinger.io, its affiliates, directors, officers and employees harmless from and against any and all losses, damages, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by any third-party claimants or other third parties relating to your use of the Service. You hereby further agree that Thinger.io is not responsible and shall have no liability to you for any material posted or submitted by others, including defamatory, offensive or illicit material, and that the risk of damages from such material rests entirely with you.

5.5Thinger.io shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise, or any other damages resulting from any of the following: (a) your use of or inability to use the Service; (b) your violation of any third-party rights, or claims against you by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by any third-party claimants; (c) unauthorized access by third parties to your data or private information; or (d) your statements or conduct.

5.6Notwithstanding any of the foregoing provisions, unless otherwise provided in an Additional Agreement, the aggregate liability of Thinger.io and its employees, agents, affiliates, representatives or anyone acting on its behalf towards you for any and all claims arising from or in connection with the Service, or any use of or inability to use the same, shall be limited to the greater of (i) the Service fees you have paid to Thinger.io in the 12 (twelve) months preceding the event giving rise to the claim; or (ii) EUR 100. The preceding sentence shall not relieve you of the requirement to prove actual damages. All claims against Thinger.io in respect of any of the matters referenced in this Section 5.6 must be filed within 3 (three) months from the date the cause of action arose.

6Payment Terms

6.1Paid plans are billed in advance, monthly or yearly according to the plan you choose, in EUR ("Service fee"), and renew automatically for the same period until cancelled. Payment is collected by Stripe using the payment method you provide (card or PayPal), which is charged automatically at the start of each billing period. With each charge, you will receive the corresponding electronic invoice by email.

6.2The Customer's obligation to pay all fees for the use of the Service is non-cancellable while the Service is in use. Thinger.io's measurement of the Customer's use of the Service is final.

6.3Prices exclude VAT and other applicable taxes, which are calculated at checkout and shown on the invoice. If you provide an EU VAT number that is verified at checkout, the reverse charge applies. The Customer is responsible for any taxes and will pay for the Service without any reduction for taxes. If required, Thinger.io may provide a Certificate of Tax Residency to avoid double taxation.

6.4Any invoice disputes must be submitted before the payment due date. If the disputed invoice has not yet been paid, Thinger.io may apply the amount of any credit note it issues to the disputed invoice, and the Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, the Customer waives all claims relating to Service fees unless claimed within 60 (sixty) days after the invoice date. Thinger.io does not refund the Service fee, including any unused part of a monthly or yearly billing period after cancellation. Refunds (if any) are at our discretion and will only be in the form of credit for the Service. Nothing in these Terms obligates Thinger.io to extend credit to any party. Service credits for downtime are governed by the Service Level Agreement.

6.5Late payment is a breach of these Terms and will cause the suspension and further termination of the customer account. If a payment fails and remains unpaid, the Private Cloud instance is stopped and, unless the payment is made, the instance and its data are deleted 30 (thirty) days later.

6.6Unless otherwise agreed with the Customer, all applicable Service fees shall be paid without any requirement to provide a purchase order number on Thinger.io's invoice (or otherwise).

7Force Majeure

7.1Under no circumstances shall Thinger.io be liable for any delay, failure or disruption of the content or the Service resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation Internet failures, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, quarantine lockdowns, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

8Notice and Procedure for Making Claims of Copyright Infringement

8.1If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide written notice to Thinger.io (in English only) at the following address:

INTERNET OF THINGER S.L.

VAT ESB88230602. C/Jacinto Benavente, 2A, Planta 1ª, Edificio Tripark, 28232 Las Rozas de Madrid, Spain. Registered with the Commercial Registry of Madrid, Volume 38329, Folio 61, Section 8, Sheet M-681979. Contact: info@thinger.io.

9Data Ownership

9.1Ownership of Data: All data stored or transmitted through the Service belongs to the Customer. Thinger.io shall not claim any ownership rights over the data uploaded or generated by the Customer during the use of the Service.

9.2Data Processing: Thinger.io will process the Customer's data solely to the extent necessary to provide the Service according to the behavior the Customer has programmed on the platform. Thinger.io will not use the Customer's data for any other purpose without explicit consent from the Customer or as required by applicable law.

9.3Customer Control: As the owner of its data, the Customer has full control over it. The Customer can freely download, export, or delete its data at any time while the Service is active. A Private Cloud instance and its data are deleted when the subscription ends (see Sections 6.5 and 11.2), so the Customer must export any data it wishes to keep before that date. Thinger.io shall not retain the Customer's data after termination, except as required by applicable law or for backup and recovery purposes.

9.4Data Security: Thinger.io shall implement reasonable technical and organizational measures to ensure the security and confidentiality of the Customer's data. However, the Customer acknowledges that no data transmission or storage can be guaranteed to be 100% secure, and Thinger.io shall not be liable for any unauthorized access, loss, or disclosure of Customer data beyond its reasonable control.

9.5Data Sharing: Thinger.io will not share, sell, or disclose the Customer's data to any third party, except as required by law or to provide the Service to the Customer as per its instructions.

9.6Compliance with Privacy Laws: Thinger.io will comply with all applicable privacy and data protection laws concerning the processing of Customer data.

9.7Data Anonymization: Thinger.io may use aggregated and anonymized data, which does not identify any individual or Customer, for statistical and analytical purposes to improve the performance and functionality of the Service.

9.8Data Access Requests: If the Customer receives any requests from individuals to access, correct, or delete their personal data stored on the Service, Thinger.io will cooperate with the Customer to the extent required by law to fulfill such requests.

9.9Third-Party Data: If the Customer uses third-party data in connection with the Service, the Customer shall ensure compliance with all applicable terms and conditions and obtain the necessary rights and permissions to use such data.

10Intellectual Property Rights

10.1Ownership of Platform: Thinger.io is the sole owner of all rights and interests in the Service, including its software, trademarks, logos, and other proprietary aspects. All title, ownership, and intellectual property rights in the Service shall remain with Thinger.io, its affiliates, or licensors, as the case may be.

10.2Use of Platform: Subject to compliance with these Terms, Thinger.io grants the Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for the duration of these Terms.

10.3Trademarks: "Thinger.io" is a registered trademark in multiple regions. The Customer is permitted to state publicly that it is a customer of the Service, consistent with the trademark guidelines provided by Thinger.io. Thinger.io may include the Customer's name in a list of Thinger.io customers, online or in promotional materials. Thinger.io may also verbally reference the Customer as a customer of the Service.

10.4Feedback and Suggestions: Thinger.io welcomes feedback, suggestions, or ideas regarding the Service. However, any feedback, suggestions, or ideas provided by the Customer to Thinger.io shall become the property of Thinger.io, and the Customer hereby assigns all rights to such feedback, suggestions, or ideas to Thinger.io without any obligation of confidentiality or attribution.

10.5Third-Party Content: The Service may include content provided by third parties. All third-party content remains the intellectual property of its respective owners and is subject to their rights and terms.

10.6Prohibited Use: The Customer shall not, directly or indirectly, reverse engineer, decompile, modify, or create derivative works based on the Service or any part thereof.

11Termination

11.1These Terms begin on the date of first access to the Service and continue until terminated as stated in this Section 11.

11.2The Customer may stop using the Service or cancel a paid subscription at any time, which terminates these Terms for convenience. Cancellation takes effect at the end of the paid billing period; after that date the Private Cloud instance and its data are deleted, so export your data before then. Thinger.io may terminate these Terms for its convenience at any time with 30 (thirty) days' prior written notice to the Customer.

11.3Thinger.io may terminate the provision of a paid Service if the corresponding Service fee has not been paid, as described in Section 6.5.

11.4Either party may terminate these Terms if (i) the other party is in material breach of the Terms and fails to cure that breach within 30 (thirty) days after receipt of written notice; or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 (ninety) days.

11.5Upon termination, all rights and access to the Service end for the Customer (including access to Customer data), and all Service fees owed by the Customer to Thinger.io are immediately due upon receipt of the final electronic invoice or as set forth in the final invoice. Private Cloud instances and their data are deleted as described in Sections 6.5 and 11.2.

12General

12.1The Terms constitute the entire agreement between you and Thinger.io with respect to, and govern the use of, the Service, superseding any prior written or oral agreements in relation to the same subject matter.

12.2You and Thinger.io are independent contractors, and no joint venture, partnership or other entity, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

12.3If any provision of these Terms is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the remaining provisions shall remain in full force and effect.

12.4You shall not delegate, assign, sublicense or transfer any of your rights or obligations under these Terms to any third party without our prior written consent.

13Governing Law and Dispute Resolution

13.1The Terms shall be governed by the laws of the Kingdom of Spain without regard to its conflict of law provisions. The parties hereby submit to the exclusive jurisdiction of the courts of Spain.