Terms and Conditions

Date

June --th

Parties

  1. The "Provider": Scandia Manufacturing LLC company incorporated in US registration number 2020-000925694 having its registered office at [address]; and
  2. The "Customer": Any person or company who purchase any good or service from the "Provider".

Agreement

  1. Definitions
    2.
    1. In this Agreement:
  1. "Access Credentials" means the usernames, passwords and other credentials enabling access to the Hosted Services, including both access credentials for the User Interface and access credentials for the API];
  2. "Agreement" means this agreement including any Schedules, and any amendments to this Agreement from time to time;
  3. "API" means the application programming interface for the Hosted Services defined by the Provider and made available by the Provider to the Customer;
  4. "Business Day" means any weekday other than a bank or public holiday in US;
  5. "Customer Confidential Information" means:
    1. Any information disclosed by or on behalf of the Customer to the Provider during the Term whether disclosed in writing, orally or otherwise that at the time of disclosure:
      1. was marked as "confidential"; or
      2. should have been reasonably understood by the Provider to be confidential; and
    2. The Customer Data; Name, Last name, Email, Password and ID of the product
    3. From de product:
  1. Temperature measurements of the inside of the sauna (°F)
  2. Current state of the heater(on/off)
  3. Time selected for using the sauna(minutes)
  4. Temperature selected as the target to configure the heater(°F)
  5. Color composition selected to the internal lights (%Red, %Green, %Blue)
  6. Bright selected to the internal lights
  7. If the user is using white as color selected(true/false)
  8. Last local network IP used
  9. Internal controller state like "heating", "without configurations", etc.
  10. If the user prefers to watch the temperature in Celsius instead of Fahrenheit
  1. "Customer Data" means [all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the Customer (but excluding analytics data relating to the use of the Platform and server log files)];
  2. "Customer Personal Data" means any Personal Data that is processed by the Provider on behalf of the Customer in relation to this Agreement, but excluding personal data with respect to which the Provider is a data controller;
  3. "Data Protection Laws" means US acts and all other applicable laws relating to the processing of Personal Data;
  4. "Documentation" means the documentation for the Hosted Services produced by the Provider and delivered or made available by the Provider to the Customer;
  5. "Effective Date" means the date of execution of this Agreement;
  6. "EU GDPR" means the General Data Protection Regulation (Regulation (EU) 2016/679) and all other EU laws regulating the processing of Personal Data, as such laws may be updated, amended and superseded from time to time;
  7. "Force Majeure Event" means [an event, or a series of related events, that is outside the reasonable control of the party affected including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars;
  8. "Hosted Services" means Thingsboard INC as specified in the Hosted Services Specification which will be made available by the Provider to the Customer as a service via the internet in accordance with this Agreement;
  9. "Hosted Services Defect" means a defect, error or bug in the Platform having an adverse effect on the appearance, operation, functionality or performance of the Hosted Services, but excluding any defect, error or bug caused by or arising as a result of:
    1. any act or omission of the Customer or any person authorised by the Customer to use the Platform or Hosted Services;
  10. "UK GDPR" means the EU GDPR as transposed into UK law including by the Data Protection Act 2018 and the Data Protection, Privacy and Electronic Communications Amendments etc and all other US laws regulating the processing of Personal Data, as such laws may be updated, amended and superseded from time to time; and
  11. "User Interface" means the interface for the Hosted Services designed to allow individual human users to access and use the Hosted Services.
  1. Credit
    1. This document was created using a template from Docular.
  2. Term
    1. This Agreement shall come into force upon the Effective Date.
    2. This Agreement shall continue in force indefinitely, subject to termination in accordance with Clause 18 or any other provision of this Agreement.
  3. Hosted Services
    1. The Provider shall ensure that the Platform will provide to the Customer upon the Effective Date the Access Credentials necessary to enable the Customer to access and use the Hosted Services.
    2. The Provider hereby grants to the Customer a worldwide, non-exclusive license to use the Hosted Services by means of the User Interface and the API for the internal business purposes of the Customer in accordance with the Documentation during the Term.
    3. The license granted by the Provider to the Customer under Clause 4.2 is subject to the following limitations:
      1. the User Interface may only be used through a Supported Web Browser or the Mobile App;
      2. the User Interface may only be used by the officers, employees, agents and subcontractors of the Customer;
      3. the User Interface may only be used by the named users identified in Schedule 1 Hosted Services particulars providing that the Customer may change, add or remove a designated named user in accordance with the user change procedure defined by the Hosted Services;
      4. the User Interface must not be used at any point in time by more than the number of concurrent users specified in Schedule 1.
      5. the API may only be used by an application or applications approved by the Provider in writing and controlled by the Customer.
    4. Except to the extent expressly permitted in this Agreement or required by law on a non-excludable basis, the license granted by the Provider to the Customer under Clause 4.2 is subject to the following prohibitions:
      1. the Customer must not sub-license its right to access and use the Hosted Services;
      2. the Customer must not permit any unauthorised person or application to access or use the Hosted Services;
      3. the Customer must not use the Hosted Services to provide services to third parties;
      4. the Customer must not republish or redistribute any content or material from the Hosted Services;
      5. the Customer must not make any alteration to the Platform, except as permitted by the Documentation; and
      6. the Customer must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Hosted Services
    5. The Customer shall implement and maintain reasonable security measures relating to the Access Credentials to ensure that no unauthorised person or application may gain access to the Hosted Services by means of the Access Credentials.
    6. The Provider shall use all reasonable endeavours to maintain the availability of the Hosted Services to the Customer at the gateway between the public internet and the network of the hosting services provider for the Hosted Services, but does not guarantee 100% availability.
    7. For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:
      1. a Force Majeure Event;
      2. a fault or failure of the internet or any public telecommunications network;
      3. a fault or failure of the Customer's computer systems or networks;
      4. any breach by the Customer of this Agreement; or
      5. scheduled maintenance carried out in accordance with this Agreement.
    8. The Customer must comply with Schedule 2 (Acceptable Use Policy), and must ensure that all persons using the Hosted Services with the authority of the Customer comply with Schedule 2 (Acceptable Use Policy).
    9. The Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.
    10. The Customer must not use the Hosted Services in any way that uses excessive Platform resources and as a result is liable to cause a material degradation in the services provided by the Provider to its other customers using the Platform; and the Customer acknowledges that the Provider may use reasonable technical measures to limit the use of Platform resources by the Customer for the purpose of assuring services to its customers generally.
    11. The Customer must not use the Hosted Services:
      1. in any way that is unlawful, illegal, fraudulent or harmful; or
      2. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    12. For the avoidance of doubt, the Customer has no right to access the software code including object code, intermediate code and source code of the Platform, either during or after the Term.
  4. Scheduled maintenance
    1. The Provider may from time to time suspend the Hosted Services for the purposes of scheduled maintenance to the Platform, providing that such scheduled maintenance must be carried out in accordance with this Clause 5.
    2. The Provider shall give to the Customer at least 1 Business Days' prior written notice of scheduled maintenance that will, or is likely to, affect the availability of the Hosted Services or have a material negative impact upon the Hosted Services.
    3. The Provider shall ensure that all scheduled maintenance is carried out outside Business Hours.
    4. The Provider shall ensure that, during each calendar month, the aggregate period during which the Hosted Services are unavailable as a result of scheduled maintenance, or negatively affected by scheduled maintenance to a material degree, does not exceed 48 hours.
  5. Support Services
    1. The Provider shall provide the Support Services to the Customer during the Term.
    2. The Provider shall make available to the Customer a helpdesk.
    3. The Provider shall provide the Support Services with reasonable skill and care.
    4. The Customer may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Customer must not use the helpdesk for any other purpose.
    5. The Provider shall respond promptly to all requests for Support Services made by the Customer through the helpdesk.
  6. Customer Data
    1. The Customer hereby grants to the Provider a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under this Agreement. The Customer also grants to the Provider the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in this Agreement.
    2. The Customer warrants to the Provider that the Customer Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation in any jurisdiction and under any applicable law.
  7. Mobile App
    1. The parties acknowledge and agree that the use of the Mobile App, the parties’ respective rights and obligations in relation to the Mobile App and any liabilities of either party arising out of the use of the Mobile App shall be subject to separate terms and conditions, and accordingly this Agreement shall not govern any such use, rights, obligations or liabilities.
  8. No assignment of Intellectual Property Rights
    1. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Provider to the Customer, or from the Customer to the Provider.
  9. Charges
    1. There is no charge for the use of the Service.
    2. If the Provider elect to vary any element of the Charges should be given to the Customer not less than 30 days' written notice of the variation, expiring on any anniversary of the date of execution of this Agreement.]
  10. Payments
    1. If there any change about the charges this chapter should change in an appropriate way.
  11. Provider's confidentiality obligations
    1. The Provider must:
      1. keep the Customer Confidential Information strictly confidential;
      2. not disclose the Customer Confidential Information to any person without the Customer's prior written consent, and then only under conditions of confidentiality approved in writing by the Customer;
      3. use the same degree of care to protect the confidentiality of the Customer Confidential Information as the Provider uses to protect the Provider's own confidential information of a similar nature, being at least a reasonable degree of care;
      4. act in good faith at all times in relation to the Customer Confidential Information; and
      5. not use any of the Customer Confidential Information for any purpose other than the service of control and monitor the product using the cloud tools (the web interface and the apps) and provide technical support.
    2. Notwithstanding Clause 12.1, the Provider may disclose the Customer Confidential Information to the Provider's officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Customer Confidential Information for the performance of their work with respect to this Agreement and who are bound by a written agreement or professional obligation to protect the confidentiality of the Customer Confidential Information.
    3. This Clause 12 imposes no obligations upon the Provider with respect to Customer Confidential Information that:
      1. is known to the Provider before disclosure under this Agreement and is not subject to any other obligation of confidentiality;
      2. is or becomes publicly known through no act or default of the Provider; or
      3. is obtained by the Provider from a third party in circumstances where the Provider has no reason to believe that there has been a breach of an obligation of confidentiality.
    4. The restrictions in this Clause 12 do not apply to the extent that any Customer Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of the Provider on any recognised stock exchange.
    5. The provisions of this Clause 12 shall continue in force indefinitely following the termination of this Agreement.
  12. Data protection
    1. The Provider shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.
    2. The Customer warrants to the Provider that it has the legal right to disclose all Personal Data that it does in fact disclose to the Provider under or in connection with this Agreement.
    3. The Customer shall only supply to the Provider, and the Provider shall only process, in each case under or in relation to this Agreement:
      1. the Personal Data of data subjects falling within the categories specified in Section 1 of Schedule 3 (Data processing information and
      2. Personal Data of the types specified in Section 2 of Schedule 3 (Data processing information).
    4. The Provider shall only process the Customer Personal Data for the purposes specified in Section 3 of Schedule 3 (Data processing information).
    5. The Provider shall only process the Customer Personal Data during the Term, subject to the other provisions of this Clause 13.
    6. The Provider shall only process the Customer Personal Data on the documented instructions of the Customer including with regard to transfers of the Customer Personal Data to a third country under the Data Protection Laws, as set out in this Agreement or any other document agreed by the parties in writing.
    7. The Customer hereby authorizes the Provider to make the following transfers of Customer Personal Data:
      1. the Provider may transfer the Customer Personal Data internally to its own employees, offices and facilities, providing that such transfers must be protected by appropriate safeguards;
      2. the Provider may transfer the Customer Personal Data to its third-party processors in the jurisdictions identified in Section 5 of Schedule 3 (Data processing information) and may permit its third-party processors to make such transfers, providing that such transfers must be protected by any appropriate safeguards identified therein; and
      3. the Provider may transfer the Customer Personal Data]to a country, a territory or sector to the extent that the competent data protection authorities have decided that the country, territory or sector ensures an adequate level of protection for Personal Data.
    8. The Provider shall promptly inform the Customer if, in the opinion of the Provider, an instruction of the Customer relating to the processing of the Customer Personal Data infringes the Data Protection Laws.
    9. Notwithstanding any other provision of this Agreement, the Provider may process the Customer Personal Data if and to the extent that the Provider is required to do so by US. In such a case, the Provider shall inform the Customer of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
    10. The Provider shall ensure that persons authorized to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
    11. The Provider and the Customer shall each implement appropriate technical and organizational measures to ensure an appropriate level of security for the Customer Personal Data, including those measures specified in Section 4 of Schedule 3 (Data processing information).
    12. The Provider must not engage any third party to process the Customer Personal Data without the prior specific or general written authorization of the Customer. In the case of a general written authorization, the Provider shall inform the Customer at least 14 days in advance of any intended changes concerning the addition or replacement of any third-party processor, and if the Customer objects to any such changes before their implementation, then the Provider must not implement the changes. The Provider shall ensure that each third-party processor is subject to equivalent legal obligations as those imposed on the Provider by this Clause 13.
    13. As at the Effective Date, the Provider is hereby authorized by the Customer to engage, as sub-processors with respect to Customer Personal Data, the third parties identified in Section 5 of Schedule 3 (Data processing information).
    14. The Provider shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organizational measures to assist the Customer with the fulfilment of the Customer's obligation to respond to requests exercising a data subject's rights under the Data Protection Laws.
    15. The Provider shall assist the Customer in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws.
    16. The Provider must notify the Customer of any Personal Data breach affecting the Customer Personal Data without undue delay and, in any case, not later than 36 hours after the Provider becomes aware of the breach.
    17. The Provider shall make available to the Customer all information necessary to demonstrate the compliance of the Provider with its obligations under this Clause 13 and the Data Protection Laws. The Provider may charge the Customer at its standard time-based charging rates for any work performed by the Provider at the request of the Customer pursuant to this Clause 13.17, providing that no such charges shall be levied with respect to the completion by the Provider at the reasonable request of the Customer, not more than once per calendar year of the standard information security questionnaire of the Customer.
    18. The Provider shall, at the choice of the Customer, delete or return all of the Customer Personal Data to the Customer after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Data.
    19. The Provider shall allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer in respect of the compliance of the Provider's processing of Customer Personal Data with the Data Protection Laws and this Clause 13.
    20. If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this Agreement, then the parties shall use their best endeavors promptly to agree such variations to this Agreement as may be necessary to remedy such non-compliance.
  13. Warranties
    1. The Provider warrants to the Customer that:
      1. the Provider has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;
      2. the Provider will comply with all applicable legal and regulatory requirements applying to the exercise of the Provider's rights and the fulfilment of the Provider's obligations under this Agreement; and
      3. the Provider has or has access to all necessary know-how, expertise and experience to perform its obligations under this Agreement.
    2. The Provider warrants to the Customer that:
      1. the Platform and Hosted Services will conform in all material respects with the Hosted Services Specification];
      2. the Hosted Services will be free from Hosted Services Defects;
      3. the Platform will be free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and
      4. the Platform will incorporate security features reflecting the requirements of good industry practice.
    3. The Provider warrants to the Customer that the Hosted Services, when used by the Customer in accordance with this Agreement, will not breach any laws, statutes or regulations applicable under US law.
    4. The Provider warrants to the Customer that the Hosted Services, when used by the Customer in accordance with this Agreement, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.
    5. If the Provider reasonably determines, or any third party alleges, that the use of the Hosted Services by the Customer in accordance with this Agreement infringes any person's Intellectual Property Rights, the Provider may at its own cost and expense:
      1. modify the Hosted Services in such a way that they no longer infringe the relevant Intellectual Property Rights; or
      2. procure for the Customer the right to use the Hosted Services in accordance with this Agreement.
      3. govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
    6. The Provider shall not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.
    7. The Provider shall not be liable to the Customer in respect of any loss of profits or anticipated savings.
    8. The Provider shall not be liable to the Customer in respect of any loss of revenue or income.
    9. The Provider shall not be liable to the Customer in respect of any loss of use or production.
    10. The Provider shall not be liable to the Customer in respect of any loss of business, contracts or opportunities.
    11. The Provider shall not be liable to the Customer in respect of any loss or corruption of any data, database or software; providing that this Clause 16.8 shall not protect the Provider unless the Provider has fully complied with its obligations under Clause 7.3 and Clause 7.4.
    12. The Provider shall not be liable to the Customer in respect of any special, indirect or consequential loss or damage.
  14. Force Majeure Event
    1. If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement that obligation will be suspended for the duration of the Force Majeure Event.
    2. A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:
      1. promptly notify the other; and
      2. inform the other of the period for which it is estimated that such failure or delay will continue.
    3. A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
  15. Termination
    1. Either party may terminate this Agreement by giving to the other party at least 30 days' written notice of termination.
    2. Either party may terminate this Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of this Agreement.
    3. Subject to applicable law, either party may terminate this Agreement immediately by giving written notice of termination to the other party if:
      1. the other party:
        1. is dissolved;
        2. ceases to conduct all or substantially all of its business;
      2. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
      3. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up other than for the purpose of a solvent company reorganization where the resulting entity will assume all the obligations of the other party under this Agreement; or
  16. Effects of termination
    1. Upon the termination of this Agreement, all of the provisions of this Agreement shall cease to have effect, save that the following provisions of this Agreement shall survive and continue to have effect in accordance with their express terms or otherwise indefinitely Clauses 1, 4.12, 8, 11.2, 11.4, 12, 13, 16, 19, 22 and 23.
    2. Except to the extent expressly provided otherwise in this Agreement, the termination of this Agreement shall not affect the accrued rights of either party.
    3. Within [30 days] following the termination of this Agreement for any reason:
      1. the Customer must pay to the Provider any Charges in respect of Services provided to the Customer before the termination of this Agreement; and without prejudice to the parties' other legal rights.
  17. Notices
    1. Any notice from one party to the other party under this Agreement must be given by one of the following methods using the relevant contact details set out in Clause 20.2:
      1. delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery; or
      2. sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting, providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
    2. The Provider's contact details for notices under this Clause 20 are as follows: technical@scandiamfg.com
    3. The addressee and contact details set out in Clause 20.2 and Section 3 of Schedule 1 (Hosted Services particulars) may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Clause 20.
  18. Subcontracting
    1. The Provider must not subcontract any of its obligations under this Agreement without the prior written consent of the Customer, providing that the Customer must not unreasonably withhold or delay the giving of such consent.
  19. General
    1. No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
    2. If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted.
    3. This Agreement may not be varied except by a written document signed by or on behalf of each of the parties.
    4. Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.
    5. This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
    6. Subject to Clause 16.1, this Agreement shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
    7. This Agreement shall be governed by and construed in accordance with US law.
    8. The courts of US shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
  20. Interpretation
    1. In this Agreement, a reference to a statute or statutory provision includes a reference to:
      1. that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
      2. any subordinate legislation made under that statute or statutory provision.
    2. The Clause headings do not affect the interpretation of this Agreement.
    3. References in this Agreement to "calendar months" are to [the 12 named periods (January, February and so on) into which a year is divided].
    4. In this Agreement, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

Execution

The parties have indicated their acceptance of this Agreement by executing it below.


SCHEDULE 1 (HOSTED SERVICES PARTICULARS)

  1. Specification of Hosted Services
    2.  The Services will only use the follow information from the Costumer, this must be considered as a limitation of the Provide System:
    1. Temperature measurements of the inside of the sauna (°F)
    2. Current state of the heater (on/off)
    3. Time selected for using the sauna
    4. Temperature selected as the target to configure the heater(°F)
    5. Color composition selected to the internal lights (%Red, %Green, %Blue)
    6. Bright selected to the internal percentage of lights
    7. If the user is using white as color selected(true/false)
    8. Last local network IP used (IS NOT THE EXPOSED IP)
    9. Internal Controller State like "heating", "without configurations", etc.
    10. If the user prefers to watch the temperature in Celsius instead of Fahrenheit
    In case of these items increase, this schedule would be modified regarding the needs of the services.
  2. Contractual notices
    3.  For the Customer the address to receive electronic or physical notices would be the ones provided at the beginning of the services.

SCHEDULE 2 (ACCEPTABLE USE POLICY)

  1. Introduction
    1. This acceptable use policy the "Policy" sets out the rules governing:
      1. the use of the website at Cloud.scandiasaunas.com any successor website, and the services available on that website or any successor website the "Services"; and
      2. the transmission, storage and processing of content from the devices from Scandia Manufacturing LLC, "Content".
    2. References in this Policy to "you" are to any customer for the Services and "your" should be construed accordingly; and references in this Policy to "us" are to Scandia Manufacturing LLC and "we" and "our" should be construed accordingly.
    3. By using the Services, you agree to the rules set out in this Policy.
    4. We will ask for your express agreement to the terms of this Policy before synchronize the devices you purchased from us.
    5. You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.
  2. General usage rules
    1. You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
    2. You must not use the Services:
      1. in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
      2. in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
  3. Unlawful Content
    1. Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.
    2. Content, and the use of Content by us in any manner licensed or otherwise authorized by you, must not:
      1. be libelous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court, or in breach of any court order;
      8. constitute a breach of racial or religious hatred or discrimination legislation;
      9. constitute a breach of official secrets legislation; or
      10. constitute a breach of any contractual obligation owed to any person.
    3. You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
  4. Factual accuracy
    1. Content must not be untrue, false, inaccurate or misleading.
  5. Negligent advice
    1. Content must not be untrue, false, inaccurate or misleading.
    2. Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
  6. Marketing and spam
    1. You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
    2. Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
    3. You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
    4. You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
    5. You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
  7. Monitoring
    1. You acknowledge that we may actively monitor the Content and the use of the Services.
  8. Data mining
    1. You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
  9. Hyperlinks
    1. You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
  10. Harmful software
    1. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
    2. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

SCHEDULE 3 (DATA PROCESSING INFORMATION)

  1. Categories of data subject
    2.  Only the Customers and the devices they purchase from Scandia Manufacturing will be subject to this agreement.
  2. Types of Personal Data
    3.  Identification from the Costumer:
    1. Name and last name
    2. Email and Password.
    Received only one time after complete the signup process.

    From the purchased devices:
    1. Unique ID of the product.
    Received only when a sauna is manually claimed by the user to be available for cloud connection.
  3. Purposes of processing
    4.  The data is stored only with the last value received and rewriting the value if this one change, but data like the temperature measurement is saved every value every time.
    Not all the data is shared all the time, the exception case is the temperature measurement which is pushed to the server every 5 seconds while the sauna still is connected. The data with less frequency is the IP updated only when the product completes the connection to the Wi-Fi network, ideally only one time. When it is needed, the server could request the current value of whichever data type and the Sauna controller will send the data even when is not the moment to do it in the usual behavior of the product.
  4. Security measures for Personal Data
    5.  This will be provided by the Hosted Services: Thingsboard INC
  5. Sub-processors of Personal Data
    6.  The use of this Services authorized to the Provider use and transfer the data to their internal employees even to those who are locate in different places than US and CANADA as well as any appropriate safeguards must be used.