These general provisions of the Terms and Conditions (hereinafter referred to as the “Provisions”) regulate the relations between the user of the website, the services provided through the website, and the mobile application (hereinafter referred to as the “Client”) and WAVIoT Integrated Systems LLC, a company incorporated in the USA (hereinafter collectively referred to as the “Company”).
The purpose of these Provisions is to protect the rights of the Client and the Company within the framework of the relations arising between them in connection with the use by the Client of the information posted on the website, as well as the use by the Client of the services provided via the website and the mobile application.
Accounts, Passwords, and Security
Some of the functions or services available on the website, through the services and in the mobile application may require the creation of a Client account (including setting up an identifier and password), who is fully responsible for the security of the information entered, including the account password, as well as for any actions that fail to keep this information secure and confidential.
The Client undertakes to promptly inform the Company of any unauthorized use of his account or password, as well as of any other breach of security.
The Client shall be liable for damages incurred by the Company or any other Client, caused by the Client’s failure to keep its account information secure and confidential.
The client should not use anyone else’s account and password without the express written permission and consent of the corresponding owner. The Company shall not be liable for any loss or damage arising from the Customer’s failure to fulfill the obligations above. The company does not verify the accuracy of the data entered by the Client.
Some services and applications allow the Client to acquire access to materials or services based on subscriptions (hereinafter referred to as “Paid Subscriptions”). Paid subscriptions, if any, are automatically renewed until they are canceled in the Client Account Settings section.
The Company undertakes to notify the Client in case of a change in the price of the Paid Subscription or to request acceptance of the new price.
If the automatic debit is impossible for any reason (for example, an insufficient amount of the balance on a bank card or an expired card), and the Paid Subscription has not been promptly canceled by the Client, he is responsible for any underpaid amounts that the Company will periodically attempt to charge using the payment method, specified by the Customer. Thus, the above situation may lead to the transfer of the beginning of the next period of the Paid Subscription, as well as a change in the billing date.
A free trial may be envisaged for some Paid Subscriptions, i.e. no charge period. In this case, you can cancel the Paid Subscription only during the validity period of the free trial version.
The client hereby confirms and agrees that the transmission of information on the Internet can never be completely secure and confidential. Any message or information sent to the Company may be read or intercepted by third parties, even if the transmission is encrypted.
These Provisions are governed by the laws of the Russian Federation, regardless of the conflict of laws.
Some of these Provisions may be invalidated by a court decision. In this case, the remaining Provisions remain applicable. The company reserves the right to replace the Provisions subject to change with new provisions that achieve the intended purpose.
The Company and the Client hereby agree to the exclusive jurisdiction of the courts of the Russian Federation in all disputes arising in connection with these Provisions or related matters.
The client has the right to file a legal action concerning the existing agreement with the Company within one year from the date of the corresponding claims. Upon the expiration of the above period, any claims will be void.
The integrity of the Terms and Conditions
Nothing said by the Company’s employees should be taken as a deviation from these Provisions or an official statement about the origin or quality of any products and services offered by the Company. In case of fraud or deliberate misrepresentation, the Company shall not be liable for any such false and intentionally misleading statements.
These Provisions apply only to this website, its services, and the mobile application. Any other websites referenced by this website are subject to their terms and conditions.
The company shall not be liable for the content or operation websites that are not under its control.
The Company has the right, at its discretion, at any time to make changes and additions to these Provisions without prior notice or consent of the Client.
The Client is responsible for regularly checking for updates of these Provisions since the use of the Company’s website, services and mobile application by the Client means automatic acceptance of any changes.
THE CLIENT HEREBY CONFIRMS AND AGREES THAT THE COMPANY AND ITS SUBSIDIARIES, INCLUDING, WITHOUT LIMITATION, THE COMPANY, AND ITS SUBSIDIARIES, OFFICIALS, DIRECTORS, EMPLOYEES, SUCCESSORS, SHALL NOT BE LIABLE TO THE CLIENT OR THIRD PARTIES IN FULL SCOPE, PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE FORM OF THE ACTION (IN THE CONTRACT, OFFENSE, INCLUDING NEGLIGENCE, OR OTHERWISE) FOR ANY DIRECT OR INDIRECT DAMAGE, LOSS, COST, EXPENSES OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN A MANNER OR CONNECTION WITH THE AVAILABILITY, USE, DEPENDENCY, OR INABILITY TO USE THE WEBSITE, SERVICES, AND MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
1. LOSSES INCURRED IN THE RESULT OF BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, COSTS ASSOCIATED WITH REPLACING EQUIPMENT OR SOFTWARE, LOSS OF RECORDS, INFORMATION OR DATA, AS WELL AS LOSS OF USE OF DATA, LOSS OF INCOME, GOODWILL, CUSTOMERS OR CAPITAL, COSTS INCURRED DUE TO DOWNTIME AND LOSSES CAUSED BY ANY OTHER AGREEMENT OR LOSS OF EXPECTED SAVINGS OR INCOME;
2. ANY INDIRECT, SPECIAL, PENAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR
3. ANY LOSSES CAUSED BY ERRORS, OMISSIONS OR INACCURACIES FOUND ON THE WEBSITE, IN SERVICES OR THE MOBILE APPLICATION.
THE DISCLAIMER APPLIES EVEN IF THE CLIENT HAS NOTIFIED THE COMPANY OF THE POSSIBILITY OF SUCH LOSS.
SINCE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF LOSS, IN SUCH COUNTRIES OR JURISDICTIONS THE COMPANY’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. AT THE SAME TIME THE RESPONSIBILITY OF THE COMPANY TO THE CLIENT IS REDUCED TO A MINIMUM, I.E. TO THE SMALLEST AMOUNT ALLOWED BY THE APPLICABLE LAW.
The Client also hereby acknowledges and agrees that the Products and the Mobile Application of the Company (including any future software and hardware of the Company’s design or sold under a license or otherwise) are not intended for a prompt response to emergencies and cannot be used as a fire extinguishing means and/or elimination of emergencies, including but not limited to fires, floods, gas leaks or explosions, burglaries, and thefts, as well as natural disasters and other force majeure circumstances resulting in damage and/or losses incurred by the Client or his property, personal property and/or other products, devices, personal data, and privacy.
The website and its contents, as well as the functional features, services, and mobile application, belong to WAVIoT Integrated Systems LLC and/or its subsidiary or parent companies and are protected by international laws on copyright, trademark, patent, trade secret and other intellectual property objects or property rights.
The mobile application (hereinafter referred to as the “Application”) is accessible to buyers of the Company’s products and is intended for personal use by the Client. This Application must not be used for any commercial, illegal, or unauthorized purpose. When using the Application, the Client shall comply with all applicable laws of the Russian Federation and any applicable international laws, including local laws in the country of residence of the Client (hereinafter collectively referred to as the “Applicable Laws”).
The Client hereby undertakes:
- not to use the Application in any illegal manner that promotes or recommends illegal activities, including, inter alia, copyright infringement;
- not to attempt to gain unauthorized access to the Application or other networks, servers or computer systems associated with the Application;
- not to modify, adapt, convert the Application or any it's part.
All content and services available via the Application are provided “as is”, “as available” and without any guarantees, either expressed or implied, except those contained in the legislation and are cannot create an exception concerning the Application or its content.
To the maximum extent permitted by law, the Company makes no guarantees, approvals or statements of any kind (expressed or implied) concerning the content, accuracy, completeness, availability, suitability, security, safety and reliability of the following:
any material and/or information contained in the Application;
- Application performance and availability;
- loss, damage, distortion or deterioration of any data or other materials resulting from the use of the Application.
The Application may contain links to third-party managed websites for which the Company may receive financial benefits. However, regardless of such affiliate programs, the Company has no influence or control over the above third-party websites, unless otherwise indicated, and shall not be liable for and does not advertise these third-party websites, access to them, or their contents.
The copyright to all information contained in the Application, including any information, data, text, music, sound, photographs, graphics, video, messages, their selection, and classification, as well as all source codes, software compilations and other content (hereinafter collectively referred to as the “Content”) is owned by the Company and/or its subsidiaries or provided to them under license.
The client has the right to view, print or download selected parts of the Content for personal use, but cannot otherwise copy, edit, amend, reproduce, publish, display, distribute, store, transmit, use for commercial purposes, send in any form or use the Content without the official permission of the Company.
Trademarks, service marks, and logos (hereinafter collectively referred to as the “Trademarks”), contained in the Application, belong to the Company and/or its subsidiaries, parent company or partners.
The Client has no right to use, copy, edit, amend, reproduce, publish, display, assign, store, transfer, use for commercial purposes or distribute the Trademarks without the prior written consent of the Company and/or its subsidiaries or partners.