NETPIE | Network Platform for Internet of Everything

This Terms of Use was last updated on November 23, 2016

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Network Platform for Internet of Everything (“NETPIE”), NETPIE Application Program Interface (“NETPIE API”), and the software provided to you in order communicate with NETPIE (“Microgear”, “library”). The use of NETPIE, NETPIE API, and Microgear together constitute your use of NETPIE service (the “Service”) operated by National Electronics and Computer Technology Center (“NECTEC”, "us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Legitimate Use of the Service

The Service is made available to you for your legitimate personal and commercial use. You must have a valid account to use the Service. You may only have one account and you may not create any script or other automated tool that attempts to create multiple accounts. Different Service capabilities may be available to your account and varying rate limits and/or usage limits may be applied to your account based on the level of Service chosen and payments (if any) made. You may not use any means, including the registration and use of multiple accounts, to attempt to circumvent these limits.

You may create connected devices or write software applications (each an “Application”) that interface with the Service. The Service allows you to authorize Applications used by third parties to access the Service on your behalf. You may not allow any unauthorized third party to access the Services for any purpose whatsoever.

You and any Applications that you may build, distribute, or otherwise create may make network calls or requests to the Service at any time that the Service is available, provided that those requests do not violate the rate-limit of your account and do not violate the NETPIE Privacy Policy and these Terms. Furthermore, you may not use the Service in any manner that either directly or indirectly violates any laws or intellectual property rights.

You may not (and you may not permit anyone else to) (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by us in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with us; (b) attempt to disable or circumvent any security mechanisms used by the Service or any Application; (c) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports or creating DoS attacks; or (d) upload or otherwise process any malicious content to or through the Service.

User Content

As between you and NECTEC, you retain ownership of the information, materials, documents, media files or other data or content that you or your users upload, transmit, create, post, display or otherwise provide on or through the Services ("User Content"). Other than the rights you grant to NECTEC under these Terms of Service, NECTEC does not claim ownership of or any other rights to the User Content, and you retain ownership of any intellectual property rights that you hold in the User Content. In other words, the User Content that belongs to you remains yours. You agree that you are responsible for protecting and enforcing those rights and that NECTEC has no obligation to do so on your behalf.

You hereby grant NECTEC a worldwide, royalty-free, non-exclusive and transferable license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, and otherwise use the User Content to the full extent necessary to provide the Service. Further, you hereby expressly grant NECTEC license to use, access and preserve your User Content and/or any data associated with your account (a) if required to so by law, (b) if required to enforce any part of these Terms, or (c) to detect, prevent or resolve any fraud, security, or technical issues.

You agree that you are solely responsible for (and that NECTEC has no responsibility to you or to any third party for) the Application or any User Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which NECTEC may suffer) by doing so.

You agree that NECTEC has no responsibility or liability for the deletion or failure to store any User Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application and any User Content.

Service Policies and Privacy

The Service shall be subject to the privacy policy. You agree to the use of your data in accordance with NETPIE Privacy Policy.

You agree that you will protect the privacy and legal rights of the users of your Application. You must provide legally adequate privacy notice and protection for those users.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NECTEC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Intellectual Properties

You acknowledge and agree that NECTEC (or NECTEC's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with NECTEC, nothing in the Terms gives you a right to use any of NECTEC's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

NECTEC acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content or the Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that User Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with NECTEC, you agree that you are responsible for protecting and enforcing those rights and that NECTEC has no obligation to do so on your behalf.

License from NECTEC and Restrictions

NECTEC gives you an open license to use, copy, modify, and/or distribute the Microgear for any purpose with or without fee. License to use the Microgear is governed by the ISC license.

You acknowledge that we may modify, update, deprecate or release Microgear from time to time, and that it is your responsibility to ensure that your Applications are compatible with then-current version of Microgear. We will use reasonable efforts to attempt to inform you of any changes so you can adjust your Application, but we are under no obligation to do so.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with NECTEC for the use of the components of the Service released under an open source license.

License from You

NECTEC claims no ownership or control over any of your User Content or Application. You retain copyright and any other rights you already hold in the User Content and/or Application, and you are responsible for protecting those rights, as appropriate.

You agree that NECTEC, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT NECTEC'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

NECTEC AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NECTEC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.

LIMITATION OF LIABILITY

SUBJECT TO THE EXCLUSION OF WARRANTIES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NECTEC AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

You agree to hold harmless and indemnify NECTEC, and its officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "NECTEC and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your User Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, NECTEC will provide you with written notice of such claim, suit or action.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least seven (7) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

If you have any questions about these Terms, please contact us at support@netpie.io

NETPIE Service Terms of Use