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Loggermaster’s Terms of Use

Last updated: February 2023

Important Note: In this document, any place referred to as “Loggermaster”, refers to the Loggermaster (also called EEMS) web-based application and any products manufactured or services offered by LoggerFlex Smart Devices ltd., which connects to the Loggermaster application or any copies of it hosted on any server by Loggerflex on the Internet. Services and products from LoggerFlex might be offered or sold under different brands including bun and might be marketed and sold directly or indirectly by Loggerflex as the original manufacturer or OEM products manufactured by Loggerflex for third parties.

Thank you for using our products and services (“Services”). By using our Services, you are agreeing to these terms. Please read them carefully.
We offer a wide range of Services, and sometimes additional terms may apply. When you use a Loggermaster Product, you will be subject to the guidelines, terms, and agreements applicable to that Products or Services ("Service Terms"). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.

Privacy

Please review our Privacy Policy, which also governs your use of the Loggermaster Services, to understand our practices.

Electronic Communications

When you use any of Loggermaster Services or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text messages, Phone calls, in-app push notices, or by posting notices and messages on the Loggermaster site or through other Loggermaster Services, such as our Message Center. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Loggermaster Services (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of Loggermaster or its content suppliers and is protected by copyright laws. The compilation of all content included in or made available through any Loggermaster Service is the exclusive property of Loggermaster and protected by international copyright laws.

Using our Services

You must follow any policies made available to you within the Services. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with our terms and policies or if we are investigating a suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Loggermaster Account

You may need a Loggermaster Account in order to use some of our Services. You may create your own Loggermaster Account, or your Loggermaster Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Loggermaster Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. To protect your Loggermaster Account, keep your password confidential. You are responsible for the activities that happen on or through your Loggermaster Account. Try not to reuse your Loggermaster Account password on third-party applications. If you learn of any unauthorized use of your password or Loggermaster Account, contact us at info@loggerflex.com.

License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Loggermaster or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Loggermaster Services. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Loggermaster or its licensors, suppliers, publishers, rights holders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Loggermaster without express written consent. You may not use any meta tags or any other "hidden text" utilizing Loggermaster's name or trademarks without the express written consent of Loggermaster or its associated entities. You may not misuse the Loggermaster Services. You may use the Loggermaster Services only as permitted by law. The licenses granted by Loggermaster terminate if you do not comply with these Terms of Use or any Service Terms.

Your Account

If you use any Loggermaster Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of maturity in your place of residence, you may use the Loggermaster Services only with the involvement of a parent or guardian. Loggermaster reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Your Content in our Services

Some of our Services allow you or your devices to measure, record, upload, submit, store, send or receive data to our servers. This data consists of but is not limited to data you enter into our online applications or your devices manufactured by us, measurements using meters and sensors that our devices operate and handle, geographical information, IP, list of wireless networks including WiFi, Bluetooth, and cellular antennas in the proximity of your devices. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive data to or through our Services, you give Loggermaster (LoggerFlex Smart Devices Ltd., its other affiliates, partners, and others with whom we work) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and developing new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Our automated systems analyze your data to provide you with necessary warnings and notifications. This analysis occurs as the content is sent, received, and when it is stored. If you have a Loggermaster Account, we may display ads and other commercial contexts in your service.

About Software in our Services

When a Service requires or includes downloadable software or firmware for your devices, this software or firmware may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Loggermaster gives you a worldwide non-exclusive license to use the software provided to you by Loggermaster as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Loggermaster, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software and firmware, nor may you reverse engineer or attempt to extract the source code of that software or firmware, unless laws prohibit those restrictions, or you have our written permission.

Subscription Services and Subscription Terms

Upon the purchase of any Loggermaster products, the Customer shall receive an initial trial period of twelve (12) months of full free access (Called Premium Access) to the online application and data history of the device and equivalent to $5 credit for text messages and automated phone call alarms and other paid services in our application. By end of the trial period, access to the history of records will be automatically restricted to the last 45 days. Users can extend their unlimited access by purchasing “Premium Access” online through the “My Profile” Page. Loggermaster has no responsibility for maintaining your data beyond the last 45 days on our servers for users without purchasing extended “Premium Access”.

The cost of text messages (SMS) and Phone calls are depending on the user's area code and will be displayed on the “My Profile” Page based on the entered phone number. The $5 initial credit is not claimable or refundable. Text message and phone call services will stop automatically by running out of credit. Extra credit can be purchased online through the “My Profile” page and you are solely responsible for keeping your balance positive if you like to maintain the flow of text messages, phone calls, and other paid services.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we will be sorry to see you go. Loggermaster may also stop providing Services to you or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them but there are certain things that we do not promise about our Services. Other than what was expressly set out in these terms, neither Loggermaster nor its suppliers or distributors make any specific promises about the Services. For example, we do not shoulder any liability about the safety of the products that are being monitored with our services or our products to ensure their storage condition. In good faith, we do our utmost best for maintaining and improving our services continuously, but we do not make any commitments about our services' reliability, availability, or ability to meet your needs. We provide the Services “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties and liability for our Services. Loggermaster and our associated companies, suppliers, and distributors will not be responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Loggermaster, and its associated companies, suppliers, and distributors, for any claims under these terms, including any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supply you the Services again). In all cases, Loggermaster, and its associated companies, suppliers, and distributors, will not be liable for any loss or damage that is not reasonably foreseeable. Loggermaster can not be held responsible for any loss or loss of profit caused by missing or delayed data or alarms.

Right to be Forgotten

You can always delete a device under your account. By doing this all the history records of that device will be erased from our database permanently. Please be advised that this procedure is irreversible. Obviously, you can always claim back your device by entering its Serial number and DUID, but the history of the records will not be recoverable. To keep sure all the records in the internal memory of your devices are wiped out you need to sync the device with the server via Wi-Fi after un-claiming it under your account. Although all the transactions between your device and server are encrypted using SSL protocol, we recommend assigning a hot-spot password to your device using the “edit” feature on the Loggermaster website. Also, we strongly recommend using the "https" version of our web-based application to protect your data from being intercepted or stolen. If you need to delete your account itself, please un-claim all the devices under your account and then send an email with the subject “Delete” to info@loggerflex.com.

Business Uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will indemnify Loggermaster and its associated companies, LoggerFlex Smart Devices Ltd., and its affiliates, officers, agents, and employees from any claim, lawsuit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, lawsuits, judgments, litigation costs, and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control that conflict. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

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