Terms & Conditions / End User License Agreement

ACCEPTANCE OF TERMS

The following terms and conditions govern all use of (i) the https://telemetrytv.com/, the https://api.telemetrytv.com and related websites (the Site), and (ii) the services and products available at or through the Site (the Service). The Service is owned and operated by TelemetryApp Services Inc. (TSI). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by TSI (collectively, the Terms of Use).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (YOU) AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. TSI’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY TSI, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The Service is available only to individuals who are at least 17 years old. If you do not so qualify, do not attempt to use the Service. TSI may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.

MODIFICATION OF TERMS OF USE

TSI reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. TSI will notify you of changes on the Site and through the Telemetry blog http://blog.telemetrytv.com/ and we may send an email to registered users to notify them of the change. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

NEW FEATURES

TSI may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Use.

PRIVACY

TSI's current Site Privacy Statement is available at https://telemetrytv.com/privacy/ (the Privacy Policy), which is incorporated by this reference. For inquiries in regard to TSI’s Privacy Policy, or to report a privacy related problem, please contact Telemetry support.

RULES AND CONDUCT

The Site and the Service and any Content (as defined below) made available on or through the Service is provided only for (a) your own personal use, (b) your internal business use or (c) if you are a Managed Service Provider (as defined below), use in the support of your customers that use the Service for their own personal or internal business use, all in compliance with all applicable laws, rules and regulations.

If you desire to make any other commercial use of the Site or the Service, including but not limited to customizing, selling or distributing the Service (whether as a stand-alone service or bundled with your services) for consideration of any kind or for no consideration, you must first obtain TSI’s specific written approval in advance and/or enter into a written agreement with TSI.

The Service is intended for use described above only and may not be used in connection with any other commercial endeavours except those that are specifically endorsed or approved by TSI in writing. Except for distributions for the use described above to your employees or independent contractors for your internal business use and in compliance with these Terms of

Use, you may not distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way. “Managed Service Provider” means a service provider that manages or administers the TelemetryTV account of a third party for the third party’s internal business or personal use only.

If you are a Managed Service Provider, you (i) shall not use, administer or manage the Service in violation of these Terms of Use, (ii) acknowledge and agree that the TelemetryTV Service account is for the benefit of the TelemetryTV customer only and upon any termination of your relationship with your customer, the customer will be free to use, manage and administer the Service on its own, (iii) agree not to charge for the Service and to ensure that your customers understand that any fees that you charge are solely for your services and not for the Service, (iv) shall not frame this Site, the Service or its content in any manner, and (v) shall not, and shall not attempt to, block or remove any advertisements contained in or offered through the Service. Any unauthorized use of the Service is expressly prohibited.

For purposes of these Terms of Use, “Content” includes, without limitation, any information or data (including, information or data generated or otherwise provided by TSI or its partners through the Service or related services, or otherwise available through the Site that are not Submissions (as defined below)), text, software, scripts, graphics, photos, documents and interactive features.

You promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (or permit others to) : ( a) take any action or ( b) upload, download, post, submit or otherwise distribute or facilitate distribution of any “Submissions” such as, without limitation, postings to the TelemetryTV Community, comments, text, communications, software, images, sounds, data or other materials or information) using any communications service or other service available on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates the Terms of Use;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • imposes an unreasonable or disproportionately (in the sole judgment of TSI) large load on TSI’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of TSI or any third party; or
  • impersonates any person or entity, including, without limitation, any employee or representative of TSI.

You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without TSI’s express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures TSI may use to prevent or restrict access to the Service.

You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels. You may not harvest or collect information, including, without limitation, screen names, about other members or users of the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

TSI may remove any Content and Submissions at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Submissions), or for no reason at all.

TSI may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly and terms or conditions of these Terms of Use, including, without limitation, with any provision of this section.

A TelemetryTV support team member will have access to your account for the purpose of support via concierge@telemetryapp.com profile or a profile in the like ending with a '@telmetryapp.com' domain.

REGISTRATION

As a condition to using the Service, you may be required to register with TSI by providing information to be specified during the registration process and entering an email address and selecting a password and account name (“TelemetryTV User ID”). You shall provide TSI with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your TelemetryTV account. In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times. You may not (i) select or use as a TelemetryTV User ID a name of another person with the intent to impersonate that person; (ii) use as an TelemetryTV User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an TelemetryTV User ID a name that is otherwise offensive, vulgar or obscene.

TSI reserves the right to refuse registration of, or cancel an TelemetryTV User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your TelemetryTV password. You may never use another user’s account without such other user’s express permission. You will immediately notify TSI in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

PAYMENT AND ELECTRONIC COMMUNICATIONS

If you have purchased a paid Service, you are expressly agreeing that TSI is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with TSI in connection with your use of the Site and/or Service and that the fees will be billed to the credit card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card for any reason in advance of the applicable subscription period, TSI reserves the right to either suspend or terminate your access to the Site and/or any Service and terminate these Terms of Use. Subscription fees are payable in U.S. Dollars and based on Services purchased and not on actual usage. All fees are non-refundable.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. If you have purchased a paid subscription to the Site and Service, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate your subscription prior to the next renewal period. You acknowledge and agree that TSI will automatically charge your credit card on record with TSI for the then-current subscription period upon the commencement of any renewal period. You will provide TSI with valid and updated credit card information and you authorize TSI to charge such credit card for all purchased subscriptions and renewals.

You may terminate your subscription to the Site and Service at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded. For any upgrade or downgrade in plan level, the credit card attached to your account will automatically be charged or credited the new prorated amount for the current month. The new plan rate will apply from your next billing cycle i.e. from the next time we charge your card. Downgrading your Service may cause the loss of content, features, or capacity of your Account. TSI does not accept any liability for such loss.

By using the Site, you consent to receiving electronic communications from TSI. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of your relationship with TSI and you receive them as part of your subscription to the Site and/or Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

CANCELLATION AND TERMINATION

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging into your account and using the interface available within http://manager.telemetrytv.com. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. TSI, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other TSI service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. TSI reserves the right to refuse service to anyone for any reason at any time.

THIRD PARTY SITES

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under TSI’s control, and you acknowledge that TSI is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by TSI or any association with its operators. You further acknowledge and agree that TSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

CONTENT AND SUBMISSIONS

TSI CONTENT GENERALLY.

You agree that the Site and Service contains Content specifically provided by TSI or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by TSI in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, TSI hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code) solely for your personal and non-commercial use as expressly authorized under these Terms of Use; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of TSI.

TSI has no obligation to monitor the Site, Service, or Content. Use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

TERMINATION

TSI may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Use or your TSI account (if you have one), you may simply cancel your account by logging into your account and cancelling through the Service’s interface. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

NO WARRANTIES

THE SERVICE, SITE AND ALL CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE, SITE AND CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TSI, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NEITHER TSI NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TSI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE AND SERVICE. IN NO EVENT SHALL TSI’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF USE, THE SITE OR THE SERVICE EXCEED THE AMOUNT OF ONE HUNDRED US DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT TSI SHALL NOT BE LIABLE FOR ANY SUBMISSIONS OR USER CONDUCT.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless TSI, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Service, your Submissions, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. TSI reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TSI in asserting any available defences.

INTERNATIONAL USE

TSI makes no representation that the Content or Submissions are appropriate or available for use in locations outside of the Canada and the United States of America, and accessing the Service is prohibited from territories where such Content or Submissions are illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

DISPUTE RESOLUTION

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and TSI agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of British Columbia, Canada. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Service shall be filed only in British Columbia, Canada and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

INTEGRATION AND SEVERABILITY

These Terms of Use are the entire agreement between you and TSI with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TSI with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

MISCELLANEOUS

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with TSI’s prior written consent. TSI may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, all Content provided by TSI is copyright © 2015 TelemetryApp Services Inc. All rights reserved.

TelemetryTV is either trademarks or registered trademarks of TelemetryApp Services Inc. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.

CONTACT

All comments, queries and requests relating to Our use of Your information are welcomed and should be emailed to TelemetryTV support.