Welcome to OBTO, an IoT platform to run applications of the connected world.
From time to time, OBTO may change the Terms to meet technical, operational and legal changes. OBTO will post a notice about changes made to the Terms on OBTO website, OBTO may send you a notice by email, reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms. About the Service OBTO offering products for differnet business use and services for online platform management. The Service offers a feature-rich solution for websites' and applications' development, online VM Hosting and content management.
When you register, OBTO will ask you to provide certain contact and personal details. OBTO will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair OBTO's ability to provide you with the Service. To login, you must provide your email and password. OBTO may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password at least once every six months. You will immediately notify to OBTO of any potential or actual misuse, unauthorized use, of your account. You may terminate your account through your account page, or by contacting OBTO via email at: [email protected] OBTO may require you to verify your identity by sending OBTO additional information, as a condition for terminating your account. Following the termination of your account, you may no longer be able to access the Service. Notwithstanding any remedies that may be available to OBTO under any applicable law, OBTO may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your content and take technical and legal measures to keep you off the Service, if OBTO determines in its sole discretion that you: (i) abused your rights to use the Service; (ii) breached the Terms; (iii) violated any applicable law, rule, or regulation; (iv) performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service;
Acceptable Use of the Service
When using the Service, you will abide by the applicable laws, rules and regulations, and by any usage guidelines OBTO may convey to you from time to time. You may not access or use the Service for any illegal or abusive purposes, or to develop or create a similar or competitive product or service to the Service. You will be responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by employees, agents, contractors, end-users and any other third party who may access or use the Service on your behalf, or at your permission ("Authorized Users").
You may allow your Authorized Users to upload, store, administrate, edit, deliver, make available and distribute content ("Contributed Content"), subject to any content upload technical and safety guidelines and limitations which will be conveyed to You through Your account dashboard, and amended from time to time. Any use of your account is subject to your sole responsibility. You represent and warrant that you will prohibit your Authorized Users to access and use the Service to contribute any illegal or abusive content, or use the Service for any abusive or illegal activity. You will take all measures to prevent any use of such content by your Authorized Users through the Service. OBTO may, but is under no duty to, review all Contributed Content and remove or block access to such content, as more fully described below.
OBTO may report any Contributed Content and share user identifiable information, if OBTO believes, in its sole discretion that such content is illegal or abusive or may violate any third party rights. OBTO respects the rights of its users and any other person. If you believe that your rights are abused on the Service, please contact OBTO at: https://www.obto.co. OBTO may ask you to provide additional information to process your complaint. OBTO will make reasonable efforts to review your complaint and respond promptly. OBTO will not respond to anonymous complaints. OBTO may remove any Contributed Content if OBTO believes, in its sole discretion, or receives a notice from a third party, that such content may violate any third party rights. Prior to removing the said content, OBTO will block access to it and provide you a 48 hours prior notice before removing the said content without maintaining any backup copy.
Payments and Billing
OBTO offers some of its plans free of charge. OBTO also offers fee-based plans. You may use them subject to purchasing one of the Service's plans, as listed in OBTO's website at: https://www.obto.co/site/www/pricing. From time to time, OBTO may change the Service fees, upon reasonable prior notice that OBTO will post on its website or send you by email. You may pay the fees by using the methods of payments as available, published and updated from time to time on the Service. Fees will be regarded as paid only after your payment has been confirmed. Service will be available to you promptly after you have paid the Service fees. You acknowledge that fees are not refundable. Payments will include applicable taxes. You will pay all fees and taxes in a timely manner and in compliance with OBTO's pricing schedule and you will reimburse OBTO for any interest and collection costs resulting from overdue payments. OBTO will make its best efforts to have a transaction processed accurately and expeditiously and reimburse you for any excess payment that you were mistakenly charged with. However, OBTO will not be liable for mistakes, errors, malfunctions and miscalculations made by the payment service providers. Upon failure to make any payment, and following a seven (7) days prior notice of due payments sent to you, OBTO may remove, disable or terminate your account. You waive any and all claims against OBTO and anyone on OBTO's behalf in connection therewith.
Service Level Agreement (SLA)
"Uptime" means the percentage of time in a calendar month that OBTO's management console and OBTO's API services are available for access, as measured by OBTO. OBTO strives for a 100% Uptime. If Uptime falls below 99.9% in a given calendar month, OBTO will offer an extension of your OBTO plan ("Service Extension") of 5 days. Service Extension will not be awarded in the following circumstances: (a) circumstances beyond OBTO reasonable control, including but not limited to war, terrorism, labor disturbance, interruption of telecommunications, failure of third party software or services, or acts of God; (b) network issues outside of OBTO's control, including DNS and connectivity problems; (c) errors in OBTO's uptime measurement system; (d) acts or omissions by Authorized Users; (e) Downtime that has been advised to you 72 hours in advance ("scheduled maintenance"); (f) Downtime resulting from individual periods of non-availability lasting less than five (5) minutes; (g) Suspension or termination of your right to use the Service in accordance with these Terms; (h) Accounts using OBTO's Free plan; To receive a Service Extension you must submit a request by sending an e-mail message to: [email protected] within 10 days of becoming eligible to receive it. The request must include supporting documentation, such as log files showing the non-availability of the Service. This SLA is your sole and exclusive remedy for any failure by OBTO to provide the Service.
Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to OBTO. Unless as expressly provided, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without OBTO's prior, express written authorization. You grant OBTO permission to use your Company name and logo in OBTO website and any OBTO issued publications. If you wish to decline OBTO's use of your name and logo, please contact OBTO at: [email protected] You acknowledge that OBTO may adjust and modify Contributed Content, per your requests.
“Confidential Information” means any information furnished or made available by you or your Authorized Users, that is identified as “confidential” or “proprietary,” either by legend on written or electronically stored material, or which ought reasonably to be recognized as confidential or proprietary by virtue of its nature or the circumstances of its disclosure. OBTO will maintain strict confidentiality of your Confidential Information and will not use, disclose or have your Confidential Information disclosed, directly or indirectly to any third party, except as specifically required to provide you the Service, or subject to your prior permission. OBTO will take precautions to maintain the confidentiality of your Confidential Information with the same degree of care as to OBTO's own Confidential Information, but in no case less than reasonable care. Upon termination of this agreement, OBTO will use commercially reasonable efforts to delete all copies of your Confidential Information that is stored on OBTO's system, except for retaining data for legitimate business purposes or as required under the applicable law, including under tax related requirements, account settling, record keeping, archiving and legal issues. The foregoing will not be considered as your confidential information: (a) information already known to OBTO without an obligation of confidentiality, (b) information that is or becomes publicly known other than through a breach by us, or (c) information that is independently developed by OBTO. If OBTO is compelled by law to disclose your confidential information, OBTO will provide you a prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at your cost, if you wish to contest the disclosure.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OBTO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY OBTO'S EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO BE A WARRANTY BY OBTO FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OBTO WHATSOEVER.
Limitation of Liability
OBTO, AND OBTO'S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OBTO'S BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE'S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE SERVICE, THAT YOU RELY ON. OBTO, AND OBTO'S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OBTO'S BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY OBTO'S STAFF OR ANYONE ACTING ON OBTO'S BEHALF, OR FROM YOUR OWN OR YOUR AUTHORIZED USERS RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH OBTO OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE, OR FROM ANY REPORTING OF CONTRIBUTED CONTENT TO THE LAW ENFORCEMENT AUTHORITIES OR ANY OTHER AUTHORITY – WHETHER OR NOT OBTO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS. Without derogating anything from the above, OBTO's total liability under this agreement in contract, tort, negligence, pre-contract or other representations or otherwise arising out of, or in connection with this agreement or the performance or observance of its obligations under this agreement, and every applicable part of them will be limited to an amount equal to the total amount actually received by OBTO during the three (3) months before such loss or damage first occurred.
You will indemnify, defend and hold harmless us, OBTO, OBTO's employees, directors, shareholders, advisors or anyone acting on OBTO's behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees OBTO incur in connection with breach of these Terms or an unlawful or tortuous action or inaction with respect to the Service by you or by anyone on your behalf. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.
Governing Law and Jurisdiction
These Terms, the Service or any dispute arising out of or related thereto, will be governed solely by the laws of the State of New York, regardless of your country of origin or where you access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of New York. You agree to the exclusive jurisdiction of the above mentioned courts, agree to accept service of process by any means permitted by the applicable law and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
You may contact OBTO with any question about the Service, through the contact form at: https://www.obto.co OBTO will make efforts to address your inquiry promptly.
Last updated: May 26, 2015.