To protect you as well as us, we have to recite a lot of legal stuff. But, before we get to that, here are the most important points summarized in simple language:
Now, here is the more detailed legal stuff, which governs your use of our websites located at www.myrattrap.com and www.iotdef.com (the “Sites”), the products, the services we offer and our mobile applications. All of the aforementioned are collectively called the services (“Services”).
By using our Services, you agree to be bound by this Agreement. If you don’t agree to this Agreement, do not use the Services. This Agreement is applicable to all persons who use or access the Services, in their company’s capacity or on an individual capacity, including authorized users representing the employer, its employees or other persons using or accessing the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and “your” will refer to that company or other legal entity.
We may modify the Agreement at any time, for any reason, at our sole discretion. If we do so, we’ll let you know either by posting the modified Agreement on the Sites or through other communications. It’s important that you review the Agreement whenever we modify it because if you continue to use the Services after we have posted the modified Agreement on the Sites, you are indicating to us that you agree to be bound by the modified Agreement. If you are not willing to be bound by a modified Agreement, then you should not continue to use our Services. In that case, if you have paid in advance for continuous monitoring service, you may apply for a proportionate refund of the prepaid monitoring fee.
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
To use certain features of the Services you have to have an account with IoT Defense (“Account”). You hereby authorize us to retrieve and store your Account information as necessary to provide the Services to you.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon and otherwise distribute such Feedback for any purpose.
Subject to your compliance with these Terms, with respect to any software embedded in any IoT Defense products and IoT Defense mobile applications (“Products”), IoT Defense grants you a limited non-exclusive, non-transferable, non-sublicenseable license to use the Products on the IoT Defense product solely for your own personal non-commercial purposes. You agree not to: (i) use the Products other than as authorized in this Agreement; (ii) use any device, software, or routine that interferes with any application, function, or use of the Products, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (iii) resell, sublicense, time-share, or otherwise share the Products with any third party; (iv) frame or mirror the Products; (v) decompile, disassemble or reverse-engineer the underlying embedded software or mobile application that is part of the Products or otherwise attempt to derive its source code; (vi) use the Products either directly or indirectly to support any activity that is illegal; or (vi) authorize any third parties to do any of the above.
For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, threat intelligence data, software works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
You agree to not perform any of the following:
a. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
b. Use, display, mirror or frame the Services or any individual element within the Services, IoT Defense’s name, any IoT Defense trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without IoT Defense’s express written consent;
c. Access, tamper with, or use non-public areas of the Services, IoT Defense’s computer systems, or the technical delivery systems of IoT Defense’s providers;
d. Attempt to probe, scan or test the vulnerability of any IoT Defense system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by IoT Defense or any of IoT Defense’s providers or any other third party (including another user) to protect the Services or Content;
f. 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 IoT Defense or other generally available third-party web browsers;
g. Utilize the Services for the purpose of sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a IoT Defense trademark, logo URL or product name without IoT Defense’s express written consent;
i. 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 this Agreement;
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Services or Content;
l. 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;
m. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity related to the Services;
o. 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 this Agreement, 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 this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Services 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 delete your Account at any time by logging into your Account at https://portal.iotdef.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of this Agreement which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnity provisions, and dispute resolution provisions.
IoT Defense provides a limited warranty on its RATtrap device for a period of twelve (12) months following the purchase date of the device. IoT Defense will repair or replace any device that was defective as of the date of purchase. IoT Defense does not provide any warranty for any data that may be stored on IoT Defense’s servers and IoT Defense 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. We make no warranty that the Services are free of viruses or other harmful components. IoT Defense does not warrant, endorse, guarantee, or assume responsibility for any product or service, advertised or offered by a third party through the Services or any hyperlinked website or service, and IoT Defense will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
You will indemnify and hold harmless IoT Defense 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 (i) your access to or use of the Services (ii) your User Content, (iii) your violation of the Terms, (iv) your violation of any third party right, including without limitation any right of privacy, publicity, right provided by any labor or employment law, rule, or regulation, or intellectual property right; (v) your violation of applicable law, rule, or regulation; or (vi) your gross negligence or willful misconduct.
NEITHER IOT DEFENSE 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 SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT 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 IOT DEFENSE 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 IOT DEFENSE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO IOT DEFENSE FOR USE OF THE SERVICES OR CONTENT. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IOT DEFENSE AND YOU.
This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its "conflict of laws" provisions.
You and IoT Defense agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and IoT Defense are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and IoT Defense otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822 ). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and IoT Defense otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and IoT Defense submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the “Modification” section above, if IoT Defense changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of IoT Defense’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and IoT Defense in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
IoT Defense shall not be liable for any failure or delay in the performance of its obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond its reasonable control.
Furthermore, IoT Defense shall not be liable for the following service outages should they, or any of them, cause the loss of services: (i) Power failure or disruption. If there is an interruption in the power supply, IoT Defense Services will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure your device prior to utilizing the Services. (ii) Internet outage or suspension or termination of your broadband service or ISP Service. (iii) Your ISP or broadband provider's blocking of ports or other acts. (iv) Maintenance by your ISP, broadband provider or IoT Defense.
This Agreement constitutes the entire and exclusive understanding and agreement between IoT Defense and you regarding the Services and Content, and this Agreement supersedes and replace any and all prior oral or written understandings or agreements between IoT Defense and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
You may not assign or transfer this Agreement, by operation of law or otherwise, without IoT Defense’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. IoT Defense may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by IoT Defense under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. IoT Defense’s failure to enforce any right or provision of this Agreement 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 IoT Defense. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
If you have any questions about these Terms of Service, please contact IoT Defense at [email protected], 1-833-RAT-TRAP, IoT Defense Inc., P.O Box 257, Merrifield, VA 22116, USA.