Terms & Conditions
of Use
These terms and conditions (“Terms & Conditions”) govern your use of the website https://www.akiroio.com (“Website”) (which shall be referred to as “Platform” ) owned and operated by, Akiro IO, Inc., a Delaware corporation having its registered office at 1013, Centre Road, Suite- 403-B, Wilmington, Country of New Castle,19805-1270, United States (hereinafter referred to as “Us” / “We” / “Akiro”).
As a user (“User” or “You”) of the Platform, You understand that Akiro SaaS’s Platform helps the Users to connect various devices and collect their information from the devices to the cloud and vice versa. Further, this collected device data can be analyzed in the cloud for various use cases in IoT Messaging, Analytics, and cloud integration services.
Please read these Terms & Conditions carefully before accessing or using our Platform or any part thereof. By accessing or using any part of the Platform, You agree to be bound by these Terms & Conditions. If You do not agree to all the Terms & Conditions, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY US.
These Terms & Conditions form a legal and binding agreement between the User and Us and is made pursuant to the terms of the Information Technology Act, 2000 as amended from time to time.
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1. GENERAL
The Platform helps the Users to connect various devices and collect their information from the devices to the cloud and vice versa. Further, this collected device data can be analyzed in the cloud for various use cases like MQTT, mobility, home automation and others.
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2. AMENDMENT
Akiro reserves the right to change the features of Website and/or alter the Terms & Conditions of this document and the Policies at any time and retains the right to deny access at anytime, to anyone who Akiro believes has violated the provisions of these Terms & Conditions. Any amendment to the Terms & Conditions or Privacy Policy incorporated herein by reference will be notified to You Seven (7) days prior via e-mail or letter and the same shall be agreed by giving a reply within Five (5) days. The revised version/ terms shall be effective from the time You agree to the same. In event of amendments to the Terms & Conditions and/or Privacy Policy have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by Akiro in its sole discretion.
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3. ELIGIBILITY
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The User of this Platform unequivocally declares and agrees that in case of an individual, the User is a natural / legal person who has attained the age of at least eighteen (18) years and is legally allowed to enter into a contract. The User is allowed to utilize the services in accordance with these Terms & Conditions. By registering on the Platform, the User hereby undertakes to agree and abide by the Terms & Conditions detailed herein. If the User violates any of these Terms & Conditions, or otherwise violates an agreement entered into through the medium of the Website, Akiro may terminate the User’s membership, delete his/her profile and any content or information posted online by the User on the Platform or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation if Akiro believes that User is under the age of eighteen (18) years.
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4. ACCEPTANCE OF TERMS AND CONDITIONS /CHANGES TO THE TERMS AND CONDITIONS
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As a User of this Platform, You have agreed to the Terms & Conditions provided hereunder or anywhere else on this Platform including but not limited to disclaimers on this Platform.
Akiro reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms & Conditions periodically for any updates/ changes. User’s continued use of the Website following the modification of these Terms & Conditions will imply the acceptance by the User of the revisions.
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5. TERM
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When you sign up for an account and agree to these Terms, the Agreement between you and Akiro is formed, and the term of the Agreement (the “Term") will begin. The Term will continue for as long as you have a Akiro account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
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6. YOUR ACCOUNT
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If You wish to use the Platform, You will be required to furnish certain information and details, including Your name, email id, contact number and any other information deemed necessary by Akiro.
You are responsible for maintaining the confidentiality and security of Your account, password, activities that occur in or through Your account and for restricting access to Your computer or mobile, as the case may be, to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. You shall take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details You provide Us are true, correct, accurate and complete. Upon Akiro gaining knowledge of having any reasonable suspicion that the information provided by You is wrong, inaccurate or incorrect, Akiro is entitled to immediately terminate Your account without any notice to You in this regard. In the event of any changes to the information shared by You after registering Yourself on the Platform, You shall be responsible for forthwith notifying the said changes to Us. You can update most of the information You have provided us by writing to Us at our e-mail hello@akiroio.com. The right to use this Platform is personal to the User and is not transferable to any other person or entity.
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7. PRIVACY
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Akiro collects certain information from You in order to provide the services. Akiro's use of Your personal information is governed in accordance with the Privacy Policy located here.
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8. ACCOUNT DISPUTES
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Akiro is not aware of the inner workings of Your organization or the nature of Your personal relationships. You won’t request access to or information about an account that’s not Yours, and You’ll resolve any account-related disputes directly with the other party. Akiro will decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or where Akiro is unable to reasonably determine ownership, Akiro will require you to resolve the matter through proper channels outside of Akiro.
When a dispute is identified, Akiro may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.
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9. LICENSE AND ACCESS
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Akiro grants You a limited, non-transferable and non-exclusive, revocable, non-transferable, non-licensable, non sub-licensable, license to access and use the Platform or any part thereof for availing the services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express consent of Akiro and / or its affiliates, as may be applicable. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these Terms & Conditions, is not permitted.
This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than Your use; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Akiro and / or its affiliates, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by Akiro.
You are permitted to use content delivered to You through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
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10. MONITORING OF THE PLATFORM AND YOUR ACCOUNT
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Akiro always has the right and liberty to monitor the content of the Platform or any part thereof which shall include information provided in Your account. The monitoring of the Platform is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein, Akiro shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions or any applicable laws in force or share such information with any governmental authority as per procedures laid down by the law for the time being in force.
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11. SERVICE SUSPENSION / TERMINATION/ CLOSING YOUR ACCOUNT:
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Akiro may wish to stop providing the services and may terminate use of it at any time without giving notice of termination to You. Unless Akiro informs the User otherwise, upon any termination, (a) the rights and licenses granted to You in these Terms & Conditions will end; and (b) User must stop using the Platform or any part thereof forthwith. Akiro reserves the right to suspend or cease providing any service and shall have no liability or responsibility to the User in any manner whatsoever.
You or Akiro may terminate the Agreement at any time and for any reason by terminating your Akiro account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of any prepaid amounts for the Service (including a Monthly Plan) or reimburse you for unused Pay as You Go Credits. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Pay as You Go Credits. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
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12. PROHIBITED USES
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In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, Pham, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet; (l) Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website, App, or Platform, or any part thereof. We reserve the right to terminate Your use of the service or any related website for violating any of the prohibited uses.
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13. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
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Notwithstanding anything to the contrary contained herein, neither Akiro nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms & Conditions. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Akiro, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Platform.
As a User, You also acknowledge that Akiro has maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the Platform is based on the information that is provided to Akiro by its Users. In case the User does not disclose any information to Akiro, and the same is not found out at the first instance by Akiro, Akiro shall not be responsible for any claims or liabilities.
Akiro is merely an internet based Platform and the User is entitled to conduct its own diligence before taking any steps to initiate the processes outlined on the Platform or any part thereof.
YOUR USE OF THE SERVICE AND ALL INFORMATION AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.
AKIRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. AKIRO FURTHER MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AKIRO THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
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14. INDEMNITY
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You agree to indemnify, save, and hold Akiro, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation to legal fees and expenses, arising out of or related to Your use or misuse of the services or of the Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on the Website. Akiro reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Akiro, including rights to settle, and You agree to cooperate with Akiro'S defense and settlement of these claims. Akiro will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms & Conditions.
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15. ADVERTISERS/ THIRD PARTY LINKS ON THE PLATFORM
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Akiro accepts no responsibility for advertisements contained within the Platform or any part thereof. Akiro has no control over and accepts no responsibility for the content of any website or any part thereof exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them or the veracity thereof. We do not provide any endorsement or recommendation of any third-party website or mobile application to which the Platform provides a link. Further, the Users consent and agree that the content provided in the Website and the App shall be synced and shall be available in both mediums.
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16. INTELLECTUAL PROPERTY RIGHTS
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All intellectual property rights and other rights in the Platform’s online contents (in both machine readable and printed form) belong to Akiro only. You do not acquire any proprietary interest in the said online contents and except as expressly permitted by these Terms & Conditions and You may not use the contents in any way that infringes the intellectual property rights in them.
You shall not obscure or remove any copyright notices that appear on online contents. The content, organization, graphics, questions, answers, software, design, style, interface, compilation, digital conversion, flow and every other matters related to the Platform are protected under applicable international copyright, trademark and other proprietary (including but not limited to intellectual property) rights.
You unequivocally agree to ensure that in event of claiming a copyright violation, You will undertake to first inform Akiro through all available means provided in the Platform about the nature of copyright violation and undertake not to proceed with legal / judicial action without recourse through a meaningful dialogue with Akiro and providing Akiro an opportunity to undertake corrective action, if required, in a mutually agreeable time frame.
Other services, company names, brand names, marks and contents displayed on the platform may be the trademarks or copyrights of their respective owners. Copying, redistribution, use or publication by User of any such matters or any part of the website except as allowed by this agreement shall be strictly prohibited. You agree and acknowledge that you shall not acquire ownership rights to any contents, documents or other materials viewed through the website. The posting of information or materials on the website by Akiro does not constitute a waiver of any rights in such information and materials.
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15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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If, at Akiro's request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
You are licensing to Akiro and its service providers, any information, data, passwords, materials or other content (collectively, “Content”) You provide through or to the service. Akiro and service provider of Akiro may use, modify, display, distribute and create new material using such Content to provide the service to You. We may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through Your use of the service. By submitting Content, You automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Akiro and its third-party service provider may use the Content for the purposes set out above. As between Akiro and third-party service provider, Akiro owns Your confidential account information.
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16. APPLICABLE LAWS
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Your use of this Platform and any Terms & Conditions stated in this agreement is subject to laws of Delaware. In case of any disputes arising out of the use of the Platform or any part thereof, Courts of Delaware will have exclusive jurisdiction.
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17. CONTACT US
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Please feel free to reach out to us for any complaint/feedback at the e-mail privacypolicy@akiroio.com.