We may alter or remove some or all of the Terms (or insert new Terms), at any time at our sole discretion. Any new or amended Terms will be effective from the date that they are published on the Site. If you do not agree with any new or amended Terms, then you may deactivate your User Account and terminate your use of the PiTunnel services. Your continued use of the PiTunnel Service indicates your understanding of, and agreement to, the new or amended Terms.
"Device Configuration" has the meaning set out in Section 2.
"Service" means the pitunnel service any other software or services offered by us via the Site (or which are otherwise provided pursuant to these Terms).
"Site Content" means all content that we make available via the Site (including but not limited to the Service and all user documentation, "help" or "getting started" guides, FAQ, release notes or other documentation or materials related to the Service).
"User Account" means an account for use of the Service, that you create by registering on the Site.
"User Credentials" has the meaning set out in Section 2.
"User Communication" has the meaning set out in Section 6.
"we", "us" or "our" means (collectively) the owner and operator of the Site and (as applicable) all of its subsidiaries and affiliates.
"you" or "your" means the person accepting these Terms.
In order to access and use the Service, you must be capable of forming a legally binding contract with us. By registering for a User Account, you are certifying to us that: (i) you are at least 18 years of age (or have obtained permission to access and use the Service from your parent or guardian) and, (ii) if you are agreeing to these Terms on behalf of a corporation or other entity, that you are duly authorized to bind such corporation or entity.
As a condition to using the Service, you will be required to register for a User Account. You agree to provide us with accurate, complete and up-to-date registration information. Failure to do so constitutes a breach of these Terms, which may result in the termination or suspension of your User Account. You will also be required to provide such configuration information, permissions or credentials ("Device Configuration") that is required in order to configure the Service for use with your embedded computing device(s). You are wholly responsible for the completeness and accuracy of your Device Configuration.
Upon registration, you will be provided with "User Credentials" (such as a User ID, login token and/or other unique identifier, and a password). You are responsible for maintaining the confidentiality and security of your User Credentials. You must not share your User Credentials for any reason and you are fully and solely responsible for all activities that occur under your User Account. You agree to notify us immediately upon learning of any unauthorized use of your User Account or any other breach of security.
We reserve the right to refuse registration (or to terminate your User Account and/or revoke your User Credentials) for any reason and for any reason in our sole discretion.
Certain features of the Service are available "free of charge" to all users with a registered User Account. Other features of the Service require a paid subscription.
If you register for a paid subscription, then you will be required to provide credit card or other billing information to us (or to our third-party service providers), in order to enable payment of the applicable subscription fee. You must ensure that all credit card and other billing information that that you provide is complete and accurate, and that you promptly update all such information as it changes so that it remains complete and accurate.
By registering for a paid subscription, you authorize us to charge your credit card (or other specified payment method) for the applicable subscription fee, on a monthly, annual or other agreed basis as set forth in the pricing information presented when registering for the paid subscription. Without limiting any other remedies available to us, we may suspend or terminate your access to the Service where you have not made timely payment of the applicable subscription fee. All fees are non-refundable, except as required by law.
You agree to only access and use those features of the Service that are available to your subscription level and you acknowledge that you are not permitted to gain unauthorized access to other features of the Service, the authorized use of which would require the payment of additional subscription fees. We reserve the right to notify you, to suspend or terminate your User Account and/or to pursue any other remedies that may be available to us, in the event that we discover any such unauthorized access.
We may from time to time change the subscription categories, fees and features applicable to the Service. We will provide notice to you via email regarding any such changes, which shall become effective from the date that they are published on the Site. Any such changes will only apply to future renewals of your paid subscription, and you may reject the changes by terminating your User Account and your use of the Service.
We may from time to time elect to offer "free trials" or otherwise allow access to certain features of the Service "free of charge" on a limited temporary basis, where access to those features would otherwise require a paid subscription. If we elect to do so, then we reserve the right to suspend or terminate (entirely or in part) the free access at any time, without notice and in our sole discretion (regardless of whether or not we have previously indicated an "expiry date" for all or part of the free access). If this occurs, then you agree that: (1) we are not liable to you or to any third party for the suspension or termination; and (2) any future use of the features will require payment of the applicable subscription fees.
Subject to these Terms, upon registering for a User Account you are granted a limited, non-transferable, non-exclusive, revocable, and non-sublicensable license to use the features of the Service that are available to your subscription level, solely for your own domestic and private use. You must obtain our express written consent prior to using the Service for commercial use (which consent we may grant, refuse, or grant subject to conditions in our sole discretion).
When using the Services, you agree that you will not:
As between you and us, you are responsible for obtaining and maintaining all telecommnications, computer hardware, network infrastructure, mobile devices and other equipment needed for access to and use of the Service, and you are responsible for all charges related to all such items required for use of the Service.
We may, at any time in our sole discretion, discontinue or limit your access to all or any part of the Service (including in circumstances where you have breached these Terms). You agree that we are not liable to you or to any third party for any termination or limitation of your access to the Service.
You may terminate your use of the Service and deactivate your User Account at any time and for any reason by (1) notifying us in writing; or (2) via the User Account deactivation mechanism that we provide via the Site. If you have subscribed as a paid user of the Service, then you agree that all payments are non-refundable (including for partially used periods) except where required by law.
All provisions of these Terms which, by their nature, should survive termination, will survive termination including, without limitation, those terms governing warranties/indemnities and the protection of our intellectual property.
We (and our third-party licensors as applicable) retain all intellectual property and other rights associated with the Service and the Site Content including (but not limited to) copyright, trademarks, patents, trade secrets, designs, business names and the right to have confidential information treated as confidential.
The word "PiTunnel", the PiTunnel logo and all product names and other words or images associated with PiTunnel (the "PiTunnel Marks") are our trademarks or registered trademarks. All rights in relation to the PiTunnel Marks are expressly reserved. You must avoid all acts or omissions which may lead to the invalidation of the PiTunnel Marks. Without limiting the foregoing, you must not (unless otherwise expressly agreed by us in advance in writing) seek to register any patents, trademarks, brand names, business names or other intellectual property interests associated directly or indirectly with PiTunnel, the Service or the Site Content.
"Raspberry Pi" is a trademark of the Raspberry Pi Foundation (https://www.raspberrypi.org). All other company or product names appearing on the Site are the trademarks or registered trademarks of their respective owners. We always seek to safeguard the intellectual property rights of third parties in accordance with applicable law - If you believe on reasonable grounds that your copyright is being infringed (or if you have any other enquiry relating to intellectual property), then please Contact Us.
Unless otherwise agreed between you and us in writing, you acknowledge that all questions, comments, suggestions, ideas or other information that you provide to us via email, postings on the Site or other means ("User Communications"), are non-confidential and shall, to the maximum extent permitted by law, become our sole property from the moment the relevant User Communication is made. To the extent that we are prohibited by law from becoming the sole owner of any User Communication, you agree to grant to us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, license, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Communication (in whole or in part) and to incorporate the User Communication into the Service, the Site Content or any other works in any form, media or technology currently existing or later developed, for as long as any intellectual property rights shall subsist in the User Communication.
You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your user name, company name, company logo, and any User Communications or other comments you make publicly or privately for promotional purposes (such as on our Sites, or on a third-party site) concerning your use of the Service.
Some laws imply conditions and warranties into certain contracts and do not allow those contracts to exclude, modify or restrict those implied terms ("non-excludable terms"). These Terms are limited to the minimum extent required so that they do not exclude, restrict or modify any non-excludable terms.
SUBJECT ONLY TO THE ABOVE PROVISO REGARDING NON-EXCLUDABLE TERMS, THE SERVICE AND SITE CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE/NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE NEITHER MAKE NOR APPROVE THE MAKING OF ANY WARRANTY OR REPRESENTATION THAT THE SERVICE (OR THE DATA, CONTENT, FEATURES, RECOMMENDATIONS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE) OR THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, MARKETING OR PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY US OR BY ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES PROVIDED HEREIN.
Without limiting the generality of the above, you acknowledge and agree that use of the Service requires the transmission of data over the Internet and that we make no warranty or representation (nor approve the making of any warranty or representation) regarding the security or privacy of data transmitted over the Internet. YOU ARE WHOLLY RESPONSIBLE FOR YOUR USE OF, OR RELIANCE ON, THE SERVICE AND THE SITE CONTENT. YOU AGREE THAT YOUR USE OF ALL SOFTWARE, NETWORK INFRASTRUCTURE, DATA, TECHNICAL INFORMATION, DOCUMENTATION OR OTHER SITE CONTENT SHALL BE AT YOUR OWN RISK AND SHALL INVOLVE YOUR INDEPENDENT JUDGMENT. YOU ARE WHOLLY RESPONSIBLE FOR ANY SUCH USE AND FOR ANY DECISIONS DERIVED FROM OR BASED ON SUCH USE.
In no event are we (or our officers, directors, employees, contractors, agents or licensors) be liable to you or to any third party, for any general, special, indirect, incidental, or consequential damages (including special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of data) arising out of or connected in any way with the Service, the Site Content, any other services rendered hereunder, or these Terms, even if we have been advised of the possibility of such damages. Our total liability to you for all damages, losses and causes of action (whether in contract, tort (including negligence), or otherwise) shall not exceed the total fees paid by you hereunder during the twelve (12) months immediately preceding the event giving rise to liability. You agree that any cause of action arising out of or related to the Service must commence within twelve (12) months after the cause of action accrues, or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, all or a portion of the above limitation may not apply to you.
To the maximum extent permitted by law, must indemnify us and our officers, employees, contractors, licensors and agents ("Those Indemnified") and keep each of them indemnified against all claims, demands, proceedings, costs and expenses (including legal expenses on a full indemnity basis) incurred by or levied against any of Those Indemnified arising from any breach of these Terms by you.
By using the Service, you represent and warrant to us that:
You are responsible for all activity occurring under your User Account and you must abide by all applicable local, state, federal and foreign laws, treaties and regulations in connection with your access to and use of the Service, including those laws related to data privacy and the transmission of technical or personal data. You must not use the Service for any unlawful purpose, and you must not export, directly or indirectly, the Service to any country in violation of any laws applicable to the Service or the Site Content that govern export or re-export control.
You acknowledge that we have entered into these Terms in reliance upon the disclaimers of warranty, limitations of liability and indemnities set forth herein and that these are an essential basis of the bargain between you and us.
We may at any time and without your consent: (1) assign, novate, transfer, subcontract or otherwise deal in any manner with all or any part of our rights under these Terms; and (2) subcontract or delegate in any manner any or all of our obligations under these Terms to any third party. You may not, without our written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms.
Any failure by us to enforce any portion of these Terms, or any forbearance, delay or indulgence granted by us to you, will not be construed as a waiver of our rights. No right arising under these Terms shall be deemed to be waived except by notice in writing signed by the party waiving the right.
If any provision set out in these Terms is found to be invalid, unenforceable or illegal, then that provision will be deemed to be revised to the minimum extent necessary to remove the invalid, unenforceable or illegal portion (preserving the intention of the parties to the maximum extent possible) or, if such revision is impossible, then that provision will be severed from these Terms and the balance of these Terms will remain binding and in full force and effect.
These Terms shall be interpreted in accordance with, and are subject to, the laws of the State of South Australia in Australia without regard to rules relating to conflict of laws. You irrevocably agree to submit all disputes arising in connection with the Site or these Terms to the exclusive jurisdiction of the courts of South Australia.
The official language of these Terms is English and any translation of these Terms into another language is given: (i) for convenience only; and (ii) on the basis that the English version will apply to determine any issues of interpretation and the English version will prevail to the extent of any inconsistency or error in the translation into any other language. No part of these Terms may be interpreted adversely against a party on the basis that the party was responsible for drafting that portion of the Terms, or for the drafting of these Terms generally.