TEKOS.CO Terms of Service

OVERVIEW

This website is operated by TEKOS.CO, a trademark of DIGI TECHNOLOGES registered in the French Patent.

Throughout the site, the terms “we”, “us”, “our” and TEKOS.CO refer to DIGI TECHNOLOGES.

TEKOS.CO offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – DESCRIPTION

Service Components that include “API” in their names are referred to in this Agreement as “APIs”. Service Components that include “Model Builder” in their names are referred to in this Agreement as “Model Builders”.

Your software application that adds primary and significant functionality to APIs and that is not primarily a substitute for one or more Service Components (“Application”) may, subject to the terms of this Agreement and subject to TEKOS.CO granting you access to the applicable Service Components, interact with the APIs.

This Agreement includes important obligations related to privacy, End Users, and Data in sections 4-8. Please read them carefully. In this Agreement: “Data” means all data, including all text, audio, images (including video), and software, that are provided to TEKOS.CO by you or your Application (including on behalf of End Users), through the Service Components; and “End User” means you, any person you permit to access data hosted in the Service Components or otherwise use the Service Components, and any user of your Application.

You agree to subscribe to the APIs you use by way of the TEKOS.CO subscription service provided by TEKOS.CO for that purpose (“the Marketplace Service”).

SECTION 2 – ACCEPTANCE OF TERMS

This Agreement is a contract between you and the DIGI TECHNOLOGIES company listed in section 25 (“DIGI TECHNOLOGIES”).

You can view the most current version of this Agreement on the relevant API’s webpage of the Marketplace Service (the “API Webpage”).

TEKOS.CO may update this Agreement by posting new terms and conditions on this page. The new terms and conditions will automatically take effect and apply to your use of the Service Components after 30 days from posting. If you do not accept the new terms and conditions, you must stop using the Service Components within the 30-day period from the posting of the new terms and conditions. Your use of certain elements of the Service Components may be subject to additional guidelines, posted notices, codes of conduct, or the terms for the applicable Marketplace Service. These are incorporated by reference into this Agreement.

By creating an account or accepting this Agreement, you represent that you are at least 18 years old or have reached the age of majority where you live, if that is more than 18 years of age. If you are under 18 or have not reached such age of majority, your parent or legal guardian must set up an account on your behalf and accept this Agreement.

The Service Components are intended to function as described in the associated documentation, but please note that the Service Components are a preview and that TEKOS.CO does not provide warranties or a service level agreement for the Service Components. This Agreement limits our liability in sections 12 and 16. Please read them carefully.

SECTION 3 – LICENSE

During the term of your subscription and subject to your compliance with this Agreement (and only if TEKOS.CO has granted you access to the applicable Service Component), TEKOS.CO provides you a non-exclusive, nontransferable, non-sublicensable, worldwide license to:

1.   use Model Builders to build models to deploy as corresponding APIs;

2.    transmit data to, and receive results from, the APIs, limited solely to your own use within your Application;

3.    make your Application available to others, if the Application is accompanied by an acknowledgment and privacy statement for End Users of the Application that complies with this Agreement; and

4.    use the other Service Components solely in support of you exercising your rights in this Agreement.

TEKOS.CO will provide you with the means for obtaining unique access credentials to access: (a) the Model Builders and (b) the APIs, solely for the purposes stated in this Agreement. You are solely responsible for: (a) keeping your access credentials confidential; (b) any and all activities that occur under your access credentials; and (c) any and all use of the API keys TEKOS.CO provides to you. You must promptly notify TEKOS.CO of any unauthorized use of your access credentials, your API keys, or any other breach of security. TEKOS.CO will not be liable for any loss that you incur if someone else uses your access credentials or API keys, either with or without your knowledge. However, you could be held liable for losses incurred by TEKOS.CO or another party if someone else uses your access credentials or API keys.

Additional copyright notices and license terms applicable to portions of the Service Components may be set forth in the Third Party Notices file accompanying the Service Components. In addition to any terms and conditions of any third party license identified in the Third Party Notices file, the disclaimer of warranty and limitation on and exclusion of remedies and damages provisions of this agreement shall apply to all the Service Components.

SECTION 4 – USE RESTRICTIONS

When using the Service Components you must comply with the terms of this Agreement and all applicable laws. You must also obey any policies, codes of conduct, and notices TEKOS.CO provides. The Service Components may not be available in all countries. You, and any third party working on your behalf, may not:

1.    Distribute, sell, resell, loan, rent, lease, sublicense, redistribute, assign or otherwise share or dispose your access credentials or API keys, or any part thereof, to any third party including to any affiliate;

2.    Syndicate, distribute, publish, facilitate, enable, or allow access or linking to the APIs in any manner except directly to End Users through the Application;

3.    Modify, reverse engineer or otherwise alter the Service Components (except to the extent this is authorized by applicable law notwithstanding this limitation):

4.    Use, retain, store, cache, share, or distribute any data from the Service Components for the purpose of testing, developing, training, distributing or making available any non-TEKOS.CO service or feature that is comparable to the Service Components;

5.    Use the Service Components in any way prohibited by law, regulation, governmental order or decree;

6.    Misrepresent your identity or interfere with any other party’s use and enjoyment of the Service Components;

7.    Damage, disable, overburden, abuse, degrade, or impair the Service Components (or any network connected to the APIs);

8.    Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service Components;

9.    Use the Service Components to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

10.  Use the Service Components in connection with any Application that is used by or targeted to children under the age of fourteen;

11.  Knowingly transmit any virus, worm, defect, or any other item intended to destroy, surreptitiously interfere with, expropriate, or exert unauthorized control over any system or data or to defraud any person;

12.  Use the Service Components in any Application or situation where failure of the Service Components could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage; and

13.  Remove, modify, or tamper with any notice or link that is incorporated into the Service Components.

If TEKOS.CO believes that you are making unauthorized or improper use of any Service Components, TEKOS.CO may take such action as it deems appropriate without notice to you. These actions may include investigating your use of the APIs, and blocking and reducing access to the Model Builders and APIs from a particular access credential, internet domain, or IP address or by any means, at TEKOS.CO’s discretion. You must not take steps to circumvent any technical measures TEKOS.CO may put in place to enforce these actions. TEKOS.CO may at all times: (a) disclose any information as TEKOS.CO deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or (b) edit or remove any information or materials, in whole or in part.

SECTION 5 – YOUR DUTY TO OBTAIN CONSENT

You will obtain consent from all End Users (and any person whose Data you transmit to the APIs) to your use of the Service Components and TEKOS.CO’s use of the Data in accordance with this Agreement. You will maintain a prominent privacy policy in your Application. Such privacy policy, at a minimum, must include a full, accurate, and clear disclosure regarding the collection and use of Data through your Application, including disclosure to End Users of any Service Components you are using, and disclosure that the Data will be sent to you and TEKOS.CO nationally or in another country or region. An Application that processes images (including video) must include a prominent notice that the End User must obtain consent from any person whose image will be processed by your Application. An Application that processes audio must include a prominent notice that the End User must obtain consent from any person whose voice will be processed by your Application.

You will comply with all applicable legal requirements regarding privacy, the collection, use and transfer of biometric data, the use of data for discriminatory purposes, the collection of information from children, and laws regarding the collection of communications, including any applicable laws and regulations requiring consent for collection of voice input, likenesses, and biometric information. You control access by End Users, and you are responsible for their use of the Service Components in accordance with this Agreement.

When End User Data is sent to TEKOS.CO, TEKOS.CO may receive unique IDs to distinguish requests and responses.  These IDs do not provide any information that allows TEKOS.CO to personally identify End Users.

SECTION 6 – SERVICE ATTRIBUTION REQUIREMENT

When using the Service Components, you will provide attribution that is reasonably prominent for End Users as follows:

Attribution to the Service Component(s) will be displayed on the splash screen at Application start-up on applications designed for screen sizes of smart phones and larger. For applications designed for smaller screens (e.g., watches) or no screens, you will display attribution on the about page of the Application. For web pages, you will display attribution in a reasonably accessible page footer or other similarly prominent location. Attribution should read “powered by TEKOS.CO” and provide a hyperlink to the TEKOS.CO website at https://tekos.co.

SECTION 7 – DATA PROVIDED TO TEKOS.CO

You are solely responsible for the content of the Data. You grant to TEKOS.CO and will secure and maintain all rights in the Data necessary for us to: (i) operate in accordance with this Agreement; (ii) provide the Service Components; (iii) protect data subjects; and (iv) improve the Service Components and other TEKOS.CO products and services, without violating the rights of any third party or otherwise obligating TEKOS.CO to you or to any third party. TEKOS.CO does not and will not assume any obligations with respect to the Data or to your use of the Service Components other than as expressly set forth in this Agreement or as required by applicable law. TEKOS.CO does not control, verify, or endorse the Data.

If you give feedback about the Service Components to TEKOS.CO, you give to TEKOS.CO, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of a TEKOS.CO software or service that includes the feedback. You will not give feedback that is subject to a copyleft license or a license that requires TEKOS.CO to license its software or documentation on particular terms as a consequence of TEKOS.CO using or distributing software or documentation that includes your feedback.

SECTION 8 – PRIVACY

You agree to the Privacy Policy found at https://tekos.co/privacy

SECTION 9 – MODIFICATIONS

TEKOS.CO may change Service Components or remove Service Components at any time and for any reason.

SECTION 10 – RESERVATION OF RIGHTS

TEKOS.CO retains all rights, title, and interest in and to the Service Components. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. TEKOS.CO reserves all rights not expressly granted.

SECTION 11 – TERM

This Agreement starts on the date you accept it. It continues until this Agreement is terminated, or your access to the Service Components is terminated, whichever occurs first.

We may terminate this Agreement, or your access to the Service Components, at any time and for any reason on 10 days’ advance notice. We may suspend your access to the Service Components at any time and for any reason immediately on notice. Upon termination or suspension, your right to use the Service Components stops immediately. You may terminate the Agreement, with or without cause, upon notice to us by contacting TEKOS.CO  support. Either party may terminate access to APIs that are accessed by way of the Marketplace Service by terminating in accordance with the terms for the Marketplace Service.

Either party may also terminate this Agreement for cause on 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. The following sections will survive any termination or expiration of the Agreement: 4-18 and 20-25.

SECTION 12 – NO WARRANTY

TEKOS.CO provides the Service Components “as is,” “with all faults,” and “as available”.

TEKOS.CO does not guarantee the suitability, reliability, availability, accuracy or timeliness of the Service Components or their output.

TEKOS.CO does not guarantee that availability of the Service Components will be uninterrupted, secure, error-free or that data loss will not occur.

You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime will occur. You acknowledge that TEKOS.CO may provide the Service Components from another country or region, and that TEKOS.CO does not guarantee availability in any specific country or region.

TEKOS.CO gives no express warranties, guarantees, or conditions. TEKOS.CO disclaims all warranties with regard to the Service Components. This includes any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement).

You may have additional consumer rights under your local laws that this Agreement cannot change.

SECTION 13 – COPYRIGHT AND TRADEMARKS

All Service Components (except user-generated content), are Copyright © 2018 TEKOS.CO. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or materials provided as part of the Service Components. TEKOS.CO or its suppliers own the title, copyright, and other intellectual property rights in the Service Components.

This Agreement does not grant or imply any rights to any TEKOS.CO or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

SECTION 14 – COPYRIGHT CLAIM NOTICE AND PROCEDURE

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Component provider’s designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

SECTION 15 – CLAIMS MUST BE FILED WITHIN ONE YEAR

To the extent permitted by law, any claim related to this Agreement or the Service Components must be brought within one year. The one-year period begins on the date when the claim first accrues. Any claim that is not filed within that time is permanently barred. This section applies to you and your successors. It also applies to us and our successors and assigns.

SECTION 16 – LIMITATION OF LIABILITY

YOU CAN RECOVER FROM TEKOS.CO FOR ALL SUCCESSFUL CLAIMS ONLY DIRECT DAMAGES UP TO U.S. $500. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES AND LOST PROFITS.

THIS LIMITATION APPLIES TO ANYTHING RELATED TO THIS AGREEMENT, FOR EXAMPLE:

–       THE SERVICE COMPONENTS;

–       LOSS OF DATA;

–       YOUR CONTENT, THIRD PARTY CONTENT (INCLUDING CODE), THIRD PARTY PROGRAMS, OR THIRD PARTY CONDUCT;

–       VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE COMPONENTS;

–       INCOMPATIBILITY BETWEEN THE SERVICE COMPONENTS AND OTHER SERVICES, SOFTWARE, HARDWARE OR APPLICATIONS;

–       DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICE COMPONENTS IN AN ACCURATE OR TIMELY MANNER; AND

–       CLAIMS FOR BREACH OF CONTRACT; BREACH OF WARRANTY, GUARANTEE, OR CONDITION; MISREPRESENTATION; STRICT LIABILITY; NEGLIGENCE; OR OTHER TORT.

IT ALSO APPLIES EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES, FAILS OF ITS ESSENTIAL PURPOSE OR TEKOS.CO KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.

THIS AGREEMENT DOES NOT EXCLUDE OR RESTRICT LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM TEKOS.CO’S NEGLIGENCE, FRAUD, OR ITS GROSS NEGLIGENCE OR WILLFUL INTENT. SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.

SECTION 17 – YOUR RESPONSIBILITY

You will indemnify and hold the TEKOS.CO parties harmless from and against any and all loss, liability, and expense (including reasonable attorneys’ fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of any breach by you of any obligation or warranty under this Agreement. You will be solely responsible for defending any claim, subject to TEKOS.CO’s right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation or liability on the TEKOS.CO parties without TEKOS.CO’s prior written consent.

SECTION 18 – NOTICES

TEKOS.CO may send you, in electronic form, information about the Service Components, additional information, and information the law requires TEKOS.CO to provide. TEKOS.CO may provide required information to you by email at the address you specified or used when you signed up for the Service Components. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service Components.

SECTION 19 – SUPPORT

TEKOS.CO may (in its sole discretion) offer support at its product mailing lists.

SECTION 20 – EXPORT

The Service Components are subject to European Union and United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Service Components. These laws include restrictions on destinations, end users and end use.

SECTION 21 – NO ADDITIONAL OBLIGATIONS

Nothing contained in this Agreement is deemed to grant you or TEKOS.CO, directly or by implication, estoppel, or otherwise, any license other than any specific grant mentioned in this Agreement. Nothing in this Agreement will require you or TEKOS.CO to enter into any additional agreements (including any license agreement or other agreement that could grant you any further rights in the Service Components). TEKOS.CO has no obligation to update or make available any further versions of the Service Components.

SECTION 22 – INTERPRETATION

All parts of this Agreement apply to the maximum extent permitted by law. A court may hold that you or TEKOS.CO cannot enforce a part of this Agreement as written. If this happens, then you and TEKOS.CO will replace that part with terms that most closely match the intent of the part that TEKOS.CO cannot enforce. The rest of this Agreement will not change. This is the entire Agreement between you and TEKOS.CO regarding your use of the Service Components. It supersedes any prior contract or oral or written statements regarding your use of the Service Components and any prior version of the Agreement. Where the terms of this Agreement conflict with those of the Marketplace Service, the terms of this Agreement will prevail. The section titles in the Agreement do not limit the other terms of this Agreement.

SECTION 23 – ASSIGNMENT

TEKOS.CO may assign, transfer, sell, rent, lend or otherwise dispose our rights and obligations under this Agreement. TEKOS.CO may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this Agreement or any rights to use the Service Components to any other party. Any attempt to do so is void.

SECTION 24 – SAMPLE CODE AND SAMPLE DATA

TEKOS.CO may make sample code available in connection with the Service Components for the purposes of illustrating how to use the Service Components (“Sample Code”). If no separate license terms are provided with the Sample Code, TEKOS.CO grants you a nonexclusive, perpetual, royalty-free right to use and modify any Sample Code and to reproduce and distribute the object code form of the Sample Code, provided that you agree: (i) to not use TEKOS.CO’s name, logo, or trademarks to market your software product in which the Sample Code is embedded; (ii) to include a valid copyright notice on your software product in which the Sample Code is embedded; and (iii) to indemnify, hold harmless, and defend TEKOS.CO and its suppliers from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of the Sample Code.

TEKOS.CO may make sample data such as images available in connection with the Service Components for the purposes of illustrating the operation of the Service Components (“Sample Data”). If no separate license terms are provided with the Sample Data, TEKOS.CO grants you a personal, nonexclusive, revocable, royalty-free right to use any Sample Data solely within your organization to test the operation of the Service Components, provided that you agree to indemnify, hold harmless, and defend TEKOS.CO and its suppliers from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of the Sample Data. Except as expressly provided in this section or license terms provided with the Sample Data, you have no license to modify or distribute the Sample Data.

SECTION 25 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.

SECTION 26 – OWNERSHIP

The Service Components are being licensed, not sold. This Agreement does not grant any ownership rights to you and gives you only a limited license to use the Service Components during the term of the Agreement. The Services and all related intellectual property rights, whether under copyright, trade secret, patent, or trademark laws, are owned by TEKOS.CO and/or its licensors. TEKOS.CO may pursue all legal remedies for use of the Service Components in violation of this Agreement. No license is granted herein to resell, create derivative works, reverse engineer, repackage, or modify the Services.

TEKOS.CO may modify or discontinue any of its Service Components or the related Service Components without notice. TEKOS.CO will provide notice of material changes to the Service Components or changes to this Agreement by posting such changes at TEKOS.CO’s websites which shall be your sole notice of such changes. You agree and acknowledge that you will periodically check the websites to inform yourself of any such changes.

In connection with the operation of the Service Components, TEKOS.CO receives, utilizes, and analyzes communications sent to TEKOS.CO and any of your stored records (“Submissions”). You retain ownership of your Submissions. However, notwithstanding anything to the contrary, you hereby grant TEKOS.CO a license to: (i) use and disclose your Submissions to provide the Service Components; (ii) use your Submissions for TEKOS.CO’s internal business purposes; (iii) disclose your Submissions as may be required by law or legal process; and (iv) otherwise use and disclose your Submissions in accordance with this Agreement. Without limiting the foregoing, you agree that TEKOS.CO is expressly and irrevocably authorized to utilize, analyze, modify, reproduce, publish, share, create derivative works of, or otherwise exercise all rights in your Submissions and any analytics, statistics or other data related to or derived from your Submissions and/or your use of the Services for any purpose, provided that such data is in aggregate and anonymized form (“Aggregate Data”). Subject to the records licenses, you acknowledge and agree that TEKOS.CO will exclusively own all right, title, and interest in and to all Aggregate Data and other output data generated by the TEKOS.CO Service Components. Notwithstanding anything to the contrary, if you ever have any ownership interest in any Aggregate Data or output data, you hereby assign to TEKOS.CO all such right, title, and interest in and to such Aggregate Data and output data, including all intellectual property rights therein. You also hereby grant each user of the Service Components a non-exclusive license to access your Submissions in accordance with your account settings through the Service Components, and to use, reproduce, distribute, display and perform such records as permitted through the functionality of the Service Components and under this Agreement.

SECTION 27 – PAYMENT

The fees, if any, for using TEKOS.CO’s Service Components are set forth on TEKOS.CO’s websites which may be modified by TEKOS.CO. Continued use of the Service Components and the non-termination of your account with TEKOS.CO after fee changes are posted to the website constitutes your acceptance of the prices as modified. You agree to pay all fees fully and promptly.

The fees, if any, for the Service Components must be paid in advance. The credit card information provided to TEKOS.CO or a third party payment processor to pay for the Service Components shall be automatically charged for the Service Components upon renewal. In the event that TEKOS.CO or a third party payment processor is unable to bill the credit card on file or you request that TEKOS.CO not bill the credit card, you shall be solely responsible for any renewal payment required. In the event that payment is not made, Service Components may become unavailable to you and TEKOS.CO may terminate this Agreement without notice to you.

If any charges are rejected by your credit card issuer then TEKOS.CO may deactivate your account until payment is successfully received. TEKOS.CO may deactivate any account that has a disputed charge until TEKOS.CO, in its sole discretion, determines the dispute resolved.

You must provide TEKOS.CO notice of any billing problems or disputes within sixty (60) days after they first appear on the statement you receive from your bank, credit card company, or other billing company. Failure to notify TEKOS.CO of the problem within the sixty (60) day period will result in your acceptance of the charges and you waive the right to dispute such problems or discrepancies. Failure to use your account will not be deemed a basis for refusing to pay any charges. TEKOS.CO does not provide any refunds for any Service Components.