Spaceti Terms of Use

Effective Date: 1.7. 2019

The Service hereunder is offered by spaceti, s.r.o., located at Purkyňova 2121/3, Nové Město, 110 00 Praha 1, Czech Republic (“Spaceti”, “we,” or “us”).

We provide a service through related websites, networks, embeddable widgets, downloadable software, mobile applications, tablet applications, web applications, and other online and offline services provided by us (collectively our “Service”) directly or indirectly through our business partners and may be provided as a part of the other related services.

These terms of use are a legally binding contract between you, as an end-user of the Service (“you”) and Spaceti regarding your use of the Service. Please read the following terms of use carefully. By using the Service and agreeing to these terms, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the Spaceti privacy policy (collectively “Terms”). If you are not eligible, or do not agree to these Terms, then please do not use the Service.

1. Spaceti Service Overview.

Spaceti provides a combined software-based and hardware-based service named “Spaceti” that provide integrated solutions of sensors, data analytics and mobile user interfaces that enhance the satisfaction, productivity, and well-being of people in buildings while improving the bottom line for organizations.

2. Eligibility.

By agreeing to these Terms, you represent and warrant to us: (i) you are in relationship to your company and (ii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

3. Accounts and Registration

To access features of the Service, you must register for an account or to have already an account bound to your business e-mail address belonging to customer of Company service – (“Your Company”). When you register for an account, you may be required to provide us with your e-mail address. Furthermore, you may insert optionally other basic information (namely your name, surname, phone number, photo) as explained in our Privacy Policy in relation to which we are in the position of personal data controller. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@spaceti.com.

4. Prohibited Conduct.

By using the Service you agree not to:
A. use the Service for any illegal purpose, or in violation of any local, national, or international law;
B. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
C. interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
D. interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
E. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission;
F. sell or otherwise transfer the access granted herein or any Materials (as defined in Section 9 below) or any right or ability to view, access, or use any Materials; or
G. permit any third party to access your account;
H. copy, frame or mirror any part or content of the Service, other than copying or framing for your own internal business purposes;
I. attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging in any of the activities described in this Section 4

5.Third-Party Services and Linked Websites.

Spaceti may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on Spaceti with an account on the third party service, such as Microsoft. By using these tools, you agree that we may with your prior consent transfer such information to the applicable third-party service. We are not responsible for third party services and use of your exported information, but we commit to use only services fulfilling the applicable law, including the EU General Data Protection Regulation (the "GDPR"). The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

6. Termination of Use.

If you violate any provision of these Terms, we may suspend your permission to use the Service, unless and until Spaceti shall be given assurances of following compliance herewith. You may terminate your account at any time by contacting customer service at info@spaceti.com.

7. Privacy Policy; Cookies Policy

A. Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal data. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
B. Please read the Cookies Policy carefully for information relating to use of cookies in use of Spaceti websites and online services to personalize user experience and measure effectiveness. The Spaceti Cookies Policy is hereby incorporated by reference into, and made a part of, these Terms.

8. Changes to the Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time for valid reasons, such as improving or adding functions or features to the Service and for legal or regulatory reasons. When we make changes of these Terms, we will provide you at least 30 days prior to the effectivity of the change of these Terms with a notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. If you do not accept the changed Terms, you may terminate your account by contacting us before the effectivity of the change. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.

9. Ownership; Proprietary Rights.

The Service is owned and operated by Spaceti. Some visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and other elements of the Service (the “Materials”) provided by Spaceti are protected by all relevant intellectual property and proprietary rights and applicable laws. Materials contained in the Service are the property of Spaceti or our third-party licensors. Except as expressly authorized by Spaceti, you may not make use of the Materials. Spaceti reserves all rights to the Materials not granted expressly in these Terms.

10. Disclaimers; No Warranties

All materials and content available through the Service are provided "as is" and on an "as available" basis. No advice or information, whether oral or written, obtained by you from the Service or any materials or content available on or through the Service will create any warranty regarding Spaceti or the Service that is not expressly stated in these terms. You assume all risk for all damages that may result from your use of or access to the Service, your dealings with other Service users. You understand and agree that you use the Service and use, access, download, or otherwise obtain materials or content through the Service and any associated sites or services at your own risk, and you will be solely responsible for any damage to your property (including your computer system used in connection with the Service) or loss of data that results from the use of the Service or the download or use of such materials or content.

11. Limitation of Liability

In no event will you or Spaceti be liable for loss of profits arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials or content on the Service.

12. Governing Law.

These Terms shall be governed by the laws of the Czech Republic without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Spaceti agree to submit to the personal and exclusive jurisdiction of the courts located within Prague, Czech Republic for the purpose of litigating all such disputes. We operate the Service from our offices in Czech Republic, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

13. General.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Spaceti regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2 and 4 through 14.

14. Contact Information.

You may contact us through Your Company helpdesk if necessary.

15. Open Source Software.

The Service may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses. Please review the information on this page for the applicable notices and license terms.