NETIO Cloud Terms and conditions | NETIO products: Smart power sockets controlled over LAN and WiFi

Valid from: 29th April 2020

Version: 1.0

NETIO Cloud service and general provisions

  • NETIO Cloud is a set of MQTT broker, WEB user interface located at https://cloud.netio-products.com  and NETIO Mobile 2 („Service“,„Services“) provided by NETIO products a.s. located at U Pily 103/3, Prague 4 („Provider“, „we“, „our“).
  • Service enables to connect devices produced by Provider („Device“, „Devices“), other devices („Third-party device/s“) and services („Third-party service/s“) supporting MQTTs together to share data and control Devices.
  • A user who is owner of any device produced by Provider („User“) can register an account after agreeing these Terms of use. It allows him to use Services with all benefits.
  • Services are paid by a units which corresponds with technology and its operation costs („Credit“). Credit can be increased by Voucher redeem. A Voucher can be bought in Providers distribution network.
  • Service supports set of APIs to connect Third-part Device or Third-party Service called External API („External API“). This allows Services to be used as universal service but in accordance to this Terms of use.

 

Terms of use

Credit

Credit policy

  • Credit transfer between User accounts is not possible.
  • When credit drops to or below zero the User account is automatically suspended until more credit is added and is above zero.
  • Once Credit is added to the User account a Credit refund is not possible

 

Connection Fee

There is a fee for a group of features to ensure system working. These features are configuration and synchronization events which occurred automatically.  These synchronization events consume defined amount of credit according to Interaction list  and they are triggered according to data synchronization policy. Connection Fee in summary can be variable according to operating conditions.

 

Max. Connection Fee

Whereas real Conection Fee vary with operation conditions we estimated theoretical maximum Connection Fee per day is estimated according Device features and shown in Service user interface as Max Connection Fee (CF)/day. This estimation is made for stable internet connection at the Device side, for number of outputs per device and for maximum possible load which can be connected to one output. In most cases the real Conection Fee may be lower than Max. Connection Fee. Max. Connection Fee is not an enforceable value.

Table of theoretical Max Connection Fees per day:

Device Type Max Connection Fee (CF) / day
NETIO 4 58
NETIO 4C 58
PowerBOX 3Px 56
PowerPDU 4PS 58
PowerCable xxx 143
PowerDIN 4Pz 244
NETIO 4All 422
PowerPDU 4C 422

 


Interaction Fee

Every interaction which is not generated based on data synchronization is called Interaction Fee.

 

Credit and Interactions evaluation

Amount of credit is evaluated every 24hours during night of Central Europe time based on number of all interaction during last 24 hours. It means that User-interaction and Auto-interaction are added and recalculated to amount of credit according to User-interaction list and Auto-interaction list (see below). This amount of credit is then subtracted from User Account credit value. User see only summary report of credit evaluation in Account log.

 

Welcome credit

Provider gives Welcome credit to every device. It is amount of credit which may cover Connection Fee up to 3 years of operation. This value is estimated for stable internet connection, average load defined by Provider and covers periodic data synchronization triggered by Device automatically. User-interaction based synchronization is not included in the estimation.


Welcome credit differs per Device types, Device features and Device age. Decision is on Provider and is based on Device serial number and Service support in last published Device firmware.


Welcome credit policy:

  • The User has no legal claim to obtain the Welcome credit
  • Welcome credit from each device is loaded to the user account only once per each device.
  • Once the credit is loaded to User’s account, Provider is not allowed to remove it.
  • The amount of Welcome credit per device can be changed by Provider without any notification.

 

Welcome credit table for devices manufactured after 2016:

Device Type Welcome Credit
NETIO 4 64 000
NETIO 4C 64 000
PowerBOX 3Px 62 000
PowerPDU 4PS 64 000
PowerCable xxx 65 000
PowerDIN 4Pz 84 000
NETIO 4All 95 000
PowerPDU 4C 95 000

Welcome credit for all Devices manufactured before 2016 is 8000 Credits per Device.

 

Credit voucher

Credit voucher allows User to increase Credit amount according to voucher value. Voucher can be bought in the Provider’s distribution network. End-user Credit price is specified in valid Providers price-list.

Voucher can be applied only once.

 

Interaction

Every operation between Service and Device is defined as Interaction. There are two types of Interactions:

  • User-interactions are triggered by the User or through External API.
  • Auto-interaction can be triggered automatically based on data synchronization or on User-interaction.

List of all interactions and their credit cost is listed below.

 

User-interaction list:

  • Switch one Output On – 1 Credit.
  • Switch one Output Off – 1 Credit.
  • Reset (Short Off) output – 2 Credits.
  • One published MQTT message through External API – 1 Credit.
  • Remove device from cloud – 1 Credit.
  • One DataPoint in structured message - 1 Credit

 

Auto-interaction list:

  • Status update of one output -  1 Credit
  • Energy counter update of one output -  1 Credit

 

DataPoint

Every message or interaction is at least one DataPoint. If message payload consists of structured data (e.g. JSON), one DataPoint is every numeric value in this structure.

 

 

Data synchronization policy and Connection Fee

TLS encrypted MQTT and HTTP protocols are used for data synchronization. User guarantees that the Devices have access to the internet throught TCP ports 8883 and 443.

In order to ensure good quality of Service, data are synchronized between every connected Device and the Service at certain situations. Every synchronization situation (event), listed below, consumes appropriate amount of Credit depending on Device defined features. This set of situations is covered by the term Connection Fee.

 


Data synchronization policy and synchronization events:

  • Output state synchronization is made automatically on background every 30 minutes per one Device (This feature is used to detect connection errors).
  • Outputs states are updated by every output change on device separately (includes requests from Service, Devices M2M API, button and all other not specified output state changes).
  • Energy (Wh) is synchronized after device startup or by 1000 Wh change on each output separately.
  • Output state synchronization is done after successful connection or re-connection to Service.

 

Notifications

User agrees with email notifications which are a part of the Service and it is not possible to disable it.

Service sends email notification:

  • Account registration and confirmation
  • Password reset
  • Credit threshold reached
  • Account usage and credit  statistics
  • User account suspension or termination

 

User Account termination and suspension

The Provider is entitled to ban the account in case of violation of the rules specified in these conditions.

User may terminate account at any time with immediate effect without specifying any reasons.

Notices of termination must be in textual form to be effective. User must send the notice of termination to Provider by email to info@netio.eu. Termination is valid after Providers confirmation.

User is not entitled to a refund for unused credits.

 

External API      

The Service enables connection of Third-party Service or Third-party Device through External API.

Connection information is displayed in every User account and is prohibited to use modified connection information.

Usage of modified connection information allows Provider to suspend User account.

Number of requests or messages on External API is limited. The limit is fully on Provider decision.

Provider is not responsible if the request or message does not arrive to the Device. User should verify state of the Device after sending some requests and using interactions.

Data are valid at the moment when they are sent by Device. The provider is not responsible for network delay and if the data became invalid during network transmission.

Provider supports User only with description of External API. The user is not entitled to request an explanation of the basic technological principles of the technology used in the external API from the Provider.

 

Conduct on Use of Devices and Services

During User's use of the Services, User may create connections between the Devices, Third-party devices, the Services, and/or Third-party services. User agrees that he/she will not connect to the Services any Third-party Devices or Third-party Services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.

User's use of the Services and Devices is subject to the following additional restrictions. User may not use the Services or Devices or interact with the Services or Devices in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else;
  2. Violates any law or regulation;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of User‘s account or anyone else's;
  5. Attempts, in any manner, to obtain the password, User Account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes or otherwise incorporates any disabling code designed to permit improper use, access, deletion or modification of software or hardware programs or systems or improperly to disable, deactivate, damage or shut down such programs or systems;
  7. Sends, creates, or replies to "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engages in "spamming" (i.e., unsolicited emailing for business or other purposes);
  8. Crawls, scrapes, or spiders any page or portion of the Services (through use of manual or automated means);
  9. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  10. Use or distribute tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, disabling code, virus, or network probing tools);
  11. Copies or stores any significant portion of the content;
  12. Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services; or Customer shall omit any other activity which may adversely affect the operation or enjoyment of the Services by any other person, including placing malware on the Services.

If there is concrete evidence of violations of these Terms, laws or other legal provisions, or the rights of third parties, Provider reserves the right

  1. to warn User,
  2. to temporarily limit or block User's access to the Services, and/or
  3. to definitively block User's access and delete his/her User account if there are important grounds to do so.

Provider is interested in hearing from its User regarding his/her questions or comments about Services and Devices. However, Provider does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. user will not send any unsolicited submissions to Provider.

 

Third-Party Content, Applications and Services

As far as possible under applicable law, Provider shall not be responsible in connection with third-party content, applications or services. Such third-party content, applications or services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to the Services. Provider does not have control over, nor does Provider assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party applications or services that User may be exposed to when User interacts with the Services.

 

Summary

The NETIO Cloud service is a tool that enables user to restart power supply of connected device remotely and read consumption data of the connected device. This service and data may not be used for monitoring and control of machinery, security and safety systems, concerning human or animal safety.

The Provider is not responsible for damages suffered by the User as a result of the User not being timely informed about changes in the above-mentioned services.

The Provider is not responsible for service unavailability caused by third-party fault like: Internet connection break, decision or influence of force majeure etc.

The Provider reserves the right to change these Terms and Conditions and/or the above-mentioned services even without prior notice.

The provider is not responsible for any damage or loss caused by Service or Device failure in any kind of meaning.

Governing law – unless agreed otherwise, any legal relationships arising between the User and the Provider are governed by the laws and regulations of the Czech Republic.

 

 

 

Privacy Policy

Below you will find information on how we use your personal data, for which purposes your personal data is used, with whom it is shared and what control and information rights you may have.

 

Summary of Our Processing Activities

When you use our Devices and/or the Services we collect personal data. Personal data is any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, or an online identifier. In this section we will summarize how we collect data and what we do with it. You will find more detailed information under the indicated sections below.

When you use the Devices without setting up an account, no personal data will be processed. Please note that without account registration the use of our Devices and Services will be very limited.

In case you register a user account for our Services („User Account“), personal data will be processed in order to deliver such services.

Your personal data might be disclosed to third parties that are located outside your country of residence; potentially, different data protection standards may apply.

We have implemented appropriate safeguards to secure your personal data and retain your personal data only as long as necessary.

 

Processing Activities

User Account Registration and Delivery of Services

In addition to the above, with regard to the registration of a Service and its subsequent use, we process:

  •     Information (such as your name, user name and email address) that is provided by registration;
  •     Information in connection with an account sign-in facility (e.g. log-in and password details);
  •     Communications sent by you (e.g. via e-mail or website communication forms);
  •     Device data (e.g. Device ID, MAC address, IP address)
  •     Location data
  •     Device/Service usage data (e.g. device activation (such as friendly name of device), device setup withou passwrods);
  •     Content data (e.g. measurement characteristics);
  • The information which is necessary for the performance of the service is labelled accordingly. All further information is provided voluntarily.

 

We will process the personal data you provide to:

  •     identify you at sign-in;
  •     provide you with the Services and information which you request;
  •     administer your User Account;
  •     communicate with you;

 

For this, the legal basis is Art. 6 (1) b) GDPR.

Your personal data is, in the absence of exceptions within the specific services mentioned below, retained for as long as your User Account is used. After deletion of your account, your personal data will be erased without undue delay. Statutory storage obligations or the need for legal actions that may arise from misconduct within the Services or payment problems can lead to a longer retention of your personal data. In this case, we will inform you accordingly.

 

Improvement of Our Devices/Services

We further might use your personal data in order to improve our Devices/Services. This might include all data under Section User Account Registration and Delivery of Services above. Your personal data will be anonymized where possible.

For this, the legal basis is Art. 6 (1) f) GDPR. Our legitimate interest pursued is the state of the art development of our products in order to ensure safety and remain competitive.

Your personal data will be stored, for as long as this is necessary for the development of a respective improvement. Once completed your personal data will be deleted immediately.

 

Marketing

In case you have granted consent, we use your personal data for direct marketing purposes. Legal basis for this is Art. 6 (1) a) GDPR. You might revoke that consent at any time.

 

In order to provide you with our marketing services, we use The Rocket Science Group LLC d/b/a MailChimp, (Atlanta, GA, USA) as service provider for the processing on our behalf.

We will delete your personal data for marketing purposes, either, if you object to the processing of your data or withdraw the consent immediately.

 

Cookies

The Services use cookies in several cases. Cookies serve to make our offer more user-friendly, more effective, and safer. Cookies are small text files that are stored on your computer. This data does not contain information that we could allocate to a natural person.

Cookies do not harm your computer and do not contain any viruses. You can prevent the use of cookies by adjusting your browser settings. Please note that in this case you may not be able to fully utilize all functions of this website.

We use cookies in order to enhance your customer experience. Legal basis for this is Art. 6 (1) f) GDPR. Our legitimate interest pursued is the sale of further products and/or services to you.

 

Recipients of your Personal Data

We may transfer your personal data to third-parties, if this is required for the fulfilment of the Services. This is in particular the case, if third-party services form part of our Services.

We further may engage third-party companies including companies from our corporate family and other individuals to perform services on our behalf (e.g., without limitation, software maintenance services, e-mail service providers, delivery services, database management, web analytics). These third parties may have access to your personal information. If they do, this access is provided so that they may perform these tasks on our behalf and they are not authorized by us to otherwise use or disclose your personal information, except to the extent required by law.

 

Third-Party Services

Our Services and Devices can be used in combination with Third-party Services. We have no influence on the processing of personal data by such third-parties. For more information on the processing of your personal data, please confer their respective privacy policies.

 

Cross-Border Data Transfers

Your personal data will be transferred to other countries (including countries outside the EEA) which may have different data protection standards than your country of residence. Please note, that data processed in a foreign country may be subject to foreign laws and accessible to foreign governments, courts, law enforcement, and regulatory agencies. However, we take all measures necessary to keep up an adequate level of data protection also when sharing your personal data with such countries (e.g. conclusion of EU SCCs or selection of Privacy Shield certified service providers).

 

Security

We have implemented measures, including encryption and SSL technology, designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Your account's privacy and security is protected by your password. In order to prevent unauthorized access to your account and personal information, you should select a strong password and protect it by limiting access to your computer, device, browser or application and by signing off after you have finished accessing your account. If you use a third-party service to sign into your account, you should protect that account accordingly as well.

While we strive to always protect the privacy of your account and personal information in our records, we cannot always guarantee it will be completely secure. The security of your personal information may be compromised by unauthorized entry, unauthorized use, hardware failure, software failure, and other factors at any time.

 

Data Retention

We strive to keep our processing activities with respect to your personal data as limited as possible. In the absence of specific retention periods set out in this Policy, your personal data will be retained only for as long as we need it to fulfil the purpose for which we have collected it and, if applicable, as long as required by statutory retention requirements.

 

Your Rights

If personal data is inaccurate or no longer needed, you can also block, correct or delete such personal data by request to info@netio.eu.

In case the processing of your data is based on Art. 6 GDPR (Legitimate Interest, cf. above) for example in regard to direct marketing purposes, you have the right to object to the processing of your personal data. If the statutory requirements are met, you can also exercise your rights to restrict the processing and data transferability of your personal data.

You can revoke your consent to us at any time. As a result, we may not continue the processing based on this consent for the future without affecting the legality of the processing based on the consent until revocation. If you consider that the processing of your personal data is in breach of data protection rules, you may, without prejudice to administrative or judicial remedies, apply to a supervisory authority, in particular in the Member State in which you are established or in which the alleged infringement took place.

 

Our Data Protection Contact

If you have any questions that this policy could not answer, or if you require further information on a particular point, please do not hesitate to contact us at any time. You can reach us by writing an e-mail to info@netio.eu.

 

NETIO products a.s.

U Pily 103/3
143 00 Praha 4 - Modrany
Czech republic

ID: 04920198

 

 

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