Terms and Conditions
tempCube - Terms & Conditions
By logging into this web & mobile application portal, the user hereby agrees to the following terms and conditions under which this web/mobile application service is provided.
Description of Service
tempCube will host certain web and mobile software applications for Subscriber’s personal use of environmental parameter monitoring for Residential, fleet or asset tracking/monitoring and /or Industrial, Logistics, Cold chain Logistics, Telecom and Energy monitoring activities (“Service”).
The terms and conditions detailed below specifically pertain to tempCube’s web and mobile applications as listed below:
- “tempCube” Web & Mobile applications used for location tracking and monitoring of environmental parameters such as temperature, pressure and other parameters as supported from time to time for use in applications including but not limited to Commercial/personal Shipments/Packages/Vehicles/Recreational vehicles/Motor homes/Vacation homes.
- “tempCube” family of Web & Mobile applications for use in applications including but not limited to Environmental parameter monitoring such Temperature, pressure and other parameters as supported from time to time.
- tempCube mobile application.
tempCube will provide remote access of these web and mobile applications to the Subscriber through secure username and password.
Consent to storage/use of location information
When you use a location-enabled GPS application such as the tempCube Web & Mobile applications, we collect and process information about the actual physical location of the asset to which the tracking device associated with this application is connected or attached to, using GPS and/or cellular signals received by the tracking device and sent over the internet to the application server hosting the tempCube application. tempCube devices may also use various other technologies to determine location, such as sensor data from the device that may, for example, provide information on accessories/devices connected to the tracking device or a nearby Wi-Fi access point and cell towers. The location data information of your asset, to which the tracking device is attached, is stored in our servers and is being used only for the sole purposes of providing the tracking application for your use and/or performance optimization of our applications. Such location and other sensor data from the device is protected against unauthorized use and will not be disclosed to third parties except as required by law enforcement authorities.
Availability of Service
Subject to the terms and conditions of this Agreement, tempCube shall use commercially reasonable efforts to provide services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. Subscriber agrees that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction; (ii) periodic maintenance procedures or repairs that tempCube may undertake from time to time; or (iii) causes beyond the control of tempCube or that are not reasonably foreseeable by tempCube, including without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Subscriber further agrees that the availability of the Service or hosted application may be interrupted during periods of time during which tempCube has scheduled upgrades to the Services and or web server. tempCube will make every effort to inform in writing or by electronic mail to Subscriber of such interruption in service prior to such interruption. However, it is expressly clarified that tempCube shall not be responsible for any interruption in the Service due to the reasons mentioned herein above.
Modification of terms of service
tempCube may modify the Terms of Service upon notice to Subscriber at any time. Subscriber will be provided notice of any such modification by electronic mail. The subscriber may terminate use of the Services if the terms are modified in a manner that substantially affects Subscriber’s rights in connection with the use of the Services. Subscriber’s continued use of the Service after notice of any change to the Terms will be deemed to be Subscriber’s agreement to the amended Terms of Service, and the Subscriber shall be required to pay for such continued Service.
Personal information and privacy
The subscriber is responsible for maintaining the confidentiality of subscriber’s username, password, and other sensitive information. The subscriber is responsible for all activities that occur in Subscriber’s user account, and Subscriber agrees to inform tempCube immediately of any unauthorized use of Subscriber’s user account by email or by calling tempCube. tempCube is not responsible for any loss or damage to Subscriber’s or any third party incurred as a result of any unauthorized access and/or use of Subscriber’s user account, or otherwise.
Cookies are pieces of data that are often created when a user visits a website/mobile application, and which are stored in a cookie folder on the user’s computer/smart device. One or more cookies maybe created when accessing the tempCube website or mobile application. The cookie provides functionality by storing subscriber preferences while the user navigates around the site. This cookie is automatically deleted shortly after the user logs out of the site or the session is timed out. The cookie does not contain any personal information about the subscriber, and it cannot be used to identify an individual user. The user may choose to set the browser to not accept cookies but this may limit some features of the tempCube web or mobile application.
tempCube also automatically collects information including but not limited to IP address, about Subscriber’s visit to its site. This information is used to make subscriber’s visits to the tempCube site more efficient, and to help remember browsing preferences on the tempCube site so as to make regular improvements.
Any changes to Privacy and/or Data Retention Policy that affect how subscriber data is handled, will be communicated by tempCube by email to the subscriber and updated in the terms and conditions.
5.3 Data Protection and Security
tempCube is committed to protecting Subscriber data collected through tempCube . Data collected through tempCube websites and mobile applications primarily includes tracking information of various assets and other parameters monitored (ex: vehicles or other equipment (if applicable) and the temperature or other parameters measured by the tempCube device that may be tracked) belonging to the Subscriber and to a small extent personal Subscriber account information such as name, phone numbers, address etc. tempCube will take diligent processes to safeguard this data. The steps include but are not limited to organizational (who has access to it) security procedures as well as electronic access control to this data. However tempCube will not be responsible for any unauthorized use of the data on account of unauthorized disclosure by the Subscriber.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
5.4 Data Retention
- tempCube will not retain data pertaining to tracking information of assets or users.
- Tracking data from the tempCube mobile application/website are automatically deleted by the web server.
- Access to tempCube online service is through password protected logins. It is the responsibility of the subscriber to make sure that these login credentials are not provided to unauthorized personnel.
- In general, any information provided to tempCube will only be used by us in accordance with these terms. Subscriber information will be disclosed where tempCube is obliged by law to do so. Also, if a subscriber posts or sends offensive, inappropriate or objectionable content anywhere on this website or otherwise engages in any disruptive behavior on the v website, tempCube can use whatever information that is available to tempCube to stop such behavior.
6. Financial arrangements
Financial terms and conditions under which this web/mobile application portal service is provided is as per the terms of the web services agreement entered into between the Subscriber and tempCube or as provided during the time of the ordering of the service online.
7. Subscriber’s representations and warranties.
Subscriber represents and warrants that:
- It shall use the web Service solely in accordance with these terms and conditions.
- It will not, directly or indirectly, disassembles, de-compile, reverse engineer, translate, or otherwise copy the Service or its components for any purpose.
- It will use the services provided by us, for lawful purposes only and comply with all applicable laws and regulations while using the Service.
- It will provide authentic and true information in all instances where such information is requested of it. tempCube reserves the right to confirm and validate the information and other details provided by the Subscriber at any point of time. If upon confirmation the Subscriber’s details are found not to be true (wholly or partly), tempCube has the right in its sole discretion to reject the registration and debar the Subscriber from using the Services and / or other affiliated websites without prior intimation whatsoever.
- It is accessing the Services at its sole risk and is using its best and prudent judgment.
- It may not use the mobile application or website or Service for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws;
- Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Subscriber retains any copyrights on any content created by the Subscriber, such as logos on banners or images. Subscriber warrants to tempCube that any Subscriber content is original and subscriber is the sole author or the Subscriber has the full power and/or license to make this arrangement and publish this content on the Internet. Subscriber indemnifies tempCube against any losses and other expenses, including reasonable attorney’s fees, after final judgment of any claim or action against any of all of these warranties.
All tempCube libraries, source code, distributable files, and other files remain tempCube’s exclusive property. Regardless of any modifications that Subscriber or tempCube makes, Subscriber may not distribute, amend, modify, decompile, reverse engineer or otherwise change any files (particularly tempCube’s source code and other non-executable files) except those that tempCube has expressly designated as distributable files.
Any additional features or capabilities, cosmetic changes to any User Interface, or additions to the codebase, database, or any files associated with any of tempCube’s applications remain the exclusive property of tempCube regardless of origin of the concept of the additional features or capabilities.
Subscriber shall not assign this Agreement or any right or interest under this Agreement, or delegate any obligation to be performed under this Agreement without tempCube’s prior written consent. Any attempted assignment in contravention of this Section shall be voidable at tempCube’s discretion.
10. Restrictions on use
Subscriber represents and warrants that it shall not use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. Subscriber agrees not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. tempCube reserves the right to terminate access to the Services if there are reasonable grounds to believe that Subscriber has used the Services for any illegal or unauthorized activity. Subscriber is further prohibited from violating or attempting to violate the security of the website/server, including, without limitation, (a) accessing data not intended for the Subscriber or logging onto a server or an account which the Subscriber is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the website/server, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. tempCube may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Subscriber agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Services / website or any activity being conducted on this website. The Subscriber agrees, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) any part of the Service or the website.
11. Disclaimer of Warranties
Subscriber expressly understands and agrees that the use of the services is at Subscriber’s sole risk. The Services are provided on an as-is-and-as-available basis. tempCube expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. tempCube makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the Services shall be at Subscriber’s own discretion and risk and Subscriber will be solely responsible for any damage to Subscriber’s computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by Subscriber from tempCube, its employees or representatives shall create any warranty not expressly stated in the terms.
12. Limitation of Liability
IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SERVICES THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Use of tempCube Solution and Temperature Monitoring Device
Subscriber agrees that the Services covered under the tempCube temperature monitor is limited to monitoring the temperature and humidity, and reporting them to the Subscribers at the preset frequencies. Since these updates are sent over a Wi-Fi/Bluetooth/cellular network, there may be delays or failures in such updates owing to various reasons including but not limited to the Wi-Fi/Bluetooth/cellular network delays/failures in the region of the subscriber and or the monitoring/tracking device. In no event shall tempCube be liable for any death, harm or injury caused to Subscriber or his/her possessions by reason of such deviation in temperature updates or by the failure of or delay in transmitting the updates.
Use of tempCube Community
To maintain quality discussions, all posts including video, pictures, and location reviews have to accept the following posting policy:
- Abusive, hateful, offensive posts and links are prohibited on tempCube community platforms.
- Do not post texts, videos or links to contents that are off-topic or disruptive of the discussion.
- Contents that threaten or harass others are prohibited.
- Sexually explicit contents and contents that contain profanity is strictly prohibited.
- Posting corrupted files or files containing viruses are prohibited as they may damage someone else's computer.
- Posting materials that violate the copyrights or other intellectual property rights of others is prohibited.
- Post clear, valuable, honest information.
- Bullying of any form is strictly prohibited inside the community. Respect people inside this platform.
- Violation of the laws, rules, or regulations of the U.S is condemned.
- Do not violate any other applicable law or regulation.
By participating or logging into the community, you are considered to be in agreement with the terms and conditions above. In case of any misconduct, you might face suspension of your usage and the deletion of all your posts.
Subscriber agrees to indemnify and hold harmless tempCube, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims arising out of a breach of these terms and conditions and the representations and warranties provided by the Subscriber or our of any claims arising out of the Subscriber’s use of the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the terms, or any other claim related to Subscriber’s use of the Services, except where such use is authorized by tempCube.
14. Suspension and Termination
tempCube may suspend a Subscriber's user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. tempCube may terminate a suspended or disabled user account after thirty days. tempCube will also terminate Subscriber’s user account on Subscriber’s request. In addition, tempCube reserves the right to terminate Subscriber’s user account and deny the Services upon reasonable belief that Subscriber has violated the Terms. Termination of user account will include denial of access to all Services, deletion of information in Subscriber’s user account such as Subscriber’s email address and password and deletion of all data associated with or in Subscriber’s user account.
15. Governing Law and Jurisdiction
These terms shall be construed in accord with the applicable laws of California. The Courts at San Diego County, California shall have exclusive jurisdiction in any proceedings arising out of these terms.
In the event of any dispute or difference either in interpretation or otherwise, of any terms of these terms, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the Subscriber. The above arbitration shall be in accordance with the applicable laws of California as amended time to time. The arbitration shall be held in San Diego County, California.
If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect. Unless otherwise specified herein, these terms constitute the entire agreement between tempCube and the Subscriber with respect to Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. tempCube’s failure to act with respect to a breach by the Subscriber or others does not waive its right to act with respect to subsequent or similar breaches.
16.Baby Room Temperature Monitor | Camera :
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In no case shall tempCube, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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