EP01 – Fing Terms of Service Version: 1.1 – 2018 05 15
1. THE FING TERMS OF SERVICE
3. USE OF THE SERVICES
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Fing and are not barred from using the Services under applicable law.
3.2 Registration and Your Information
If you want to use certain features of the Services you’ll have to create a Fing account (“Account”) via the Fing app, available on the Apple App Store or Google Play Store. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
4. CONTENT AND CONTENT RIGHTS For purposes of these Terms “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
Fing and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Subject to your compliance with these Terms, Fing grants you a limited, non-exclusive, nontransferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and noncommercial purposes.
5. RIGHTS AND TERMS FOR SOFTWARE AND APPS
5.1 Rights in Software
Subject to your compliance with these Terms, with respect to any software installed or embedded in any Fing products (“Software”), Fing grants you a limited non-exclusive, non-transferable, nonsublicenseable license to use the Software on the Fing product solely for your own personal noncommercial purposes. You may not: (i) copy, modify, translate or create derivative works based on the Software; (ii) distribute, transfer, publish, disclose, sublicense, lease, lend, sell or rent the Software to any third party; (iii) reverse engineer, decompile, reverse decompile or disassemble the Software, or otherwise attempt to derive the source code; (iv) make the functionality of the Software available to third parties or multiple users through any means, or (v) benchmark or conduct any performance or comparison tests on the Software. Fing reserves all rights in and to the Software not expressly granted to you under these Terms.
5.2 Rights in App Granted by Fing
Subject to your compliance with these Terms, Fing grants you a limited non-exclusive, nontransferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, translate or create derivative works based on the App; (ii) distribute, transfer, publish, disclose, sublicense, lease, lend, sell or rent the App to any third party; (iii) reverse engineer, decompile, reverse decompile or disassemble the App, or otherwise attempt to derive the source code; (iv) make the functionality of the App available to third parties or multiple users through any means, or (v) benchmark or conduct any performance or comparison tests on the App. Fing reserves all rights in and to the App not expressly granted to you under these Terms.
5.3 General Prohibitions and Fing’s Enforcement Rights
You agree not to do any of the following: Use, display, mirror or frame the Services or any individual element within the Services, Fing’s name, any Fing trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fing’s express written consent; Access, tamper with, or use non-public areas of the Services, Fing’s computer systems, or the technical delivery systems of Fing’s providers; Attempt to probe, scan or test the vulnerability of any Fing system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fing or any of Fing’s providers or any other third party (including another user) to protect the Services or Content; Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Fing or other generally available third-party web browsers; Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing a Fing trademark, logo URL or product name without Fing’s express written consent; Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time from your profile area of the Fing
App, or by emailing us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
8. WARRANTY DISCLAIMERS
Fing provides a limited warranty on its hardware device as follows: For a period of one (1) year following the purchase date of the device, Fing will repair or replace any device that was defective as of the date of purchase. Fing does not provide any warranty for any data that may be stored on the device or Fing’s servers and Fing does not provide any warranty regarding such data. EXCEPT FOR THE FOREGOING WARRANTY, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Fing and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with, (ii) your use of these Services, or (iii) your breach of these Terms.
10. LIMITATION OF LIABILITY
NEITHER FING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR NETWORK INTERRUPTION OR IMPACT ON OTHER DEVICES OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL FING’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO FING FOR USE OF THE SERVICES OR CONTENT IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE EVENT.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FING AND YOU.
11. GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of the republic of Ireland without regard to its conflict of laws provisions. 12. GENERAL TERMS These Terms constitute the entire and exclusive understanding and agreement between Fing and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fing and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Fing’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Fing may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Fing under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting us to the contacts provided in section 14. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Fing’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
13. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org or email@example.com. You may also post us at Fing Limited, 1st Floor Minerva House, Simmonscourt Road, Dublin 4, Ireland.
ADDITIONAL TERMS FOR FING HARDWARE PRODUCTS
1. REJECTION OF ADDITIONAL OR DIFFERENT TERMS.
These Additional Terms are the exclusive terms upon which Fing is willing to sell Hardware and on which the same Hardware can be operated. These terms are part of the general Fing Terms of Service and supersede and replace any prior agreement, undertaking, representation or warranty whether in writing or oral. Any different or additional terms and conditions on your purchase order or other documentation shall not be binding on Fing and are hereby expressly objected to and rejected. The Fingbox Limited Warranty Policy and the Fingbox RMA Policy form also part of these Additional Terms.
2. DELIVERY AND ACCEPTANCE
Risk of loss or damage to Hardware shall pass to you upon Fing’s delivery to a carrier. Any delivery dates shown are approximate only and Fing shall have no liability for any delays in delivery. Subscriber shall inspect Hardware for any damage within three (3) days after receipt. Failure to identify any damage and reject Hardware in writing within the three (3) day period shall constitute acceptance of the Hardware.
3. LIMITED WARRANTY
Fing warrants that Fing’s Hardware will conform in all material respects to the Documentation and be free from defects in material or workmanship for a period of 12 months from the date of purchase (“Warranty Period”). If, during the Warranty Period, you notify Fing, in writing, of any fault or defect which prevents any Fing Hardware from functioning in accordance with the Documentation, Fing will, at its sole option and free of charge to you, repair, replace or refund the purchase price paid. FING MAKES NO OTHER EXPRESS REPRESENTATIONS OR WARRANTIES AND MAKES NO IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, USAGE IN TRADE, COURSE OF CONDUCT, NON-INFRINGEMENT OR INTEGRATION. FING’S LIABILITY ON ANY WARRANTY CLAIM SHALL BE LIMITED TO THE ACTUAL PURCHASE PRICE PAID. Fing SHALL NOT BE RESPONSIBLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, REVENUES, SALES, BUSINESS, GOODWILL OR USE. The foregoing warranty expressly excludes and Fing will not repair, replace, or provide refunds to Customers in the following instances: If the alleged defect arises because you (or someone acting under the your instruction) has altered or repaired the Fing Hardware without the prior written consent or authorization of Fing; If you did not follow any applicable instructions for proper storage, usage, or maintenance of the Fing Hardware; If you have failed to notify Fing of any defect where the defect should have been reasonably apparent on inspection; or If you fail to notify Fing of any defect within 12 months of purchase. This warranty does not cover the cost of shipping the defective hardware to Fing for repair, or the cost of shipping the repaired or replacement hardware to you. The above represents the your sole and exclusive remedy and is contingent on you providing all necessary information to assist Fing in attempting to resolve the alleged fault.