Terms and conditions applicable to the services provided by nescloud.net through the Private Area.
For the purposes of these terms and conditions the following definitions apply:
Web: The set of web pages that make up the website published under the domain name nescloud.net and its sub domains.
User: Physical person that has provided personal information through any web form.
Nescloud.net: Nespra S.L
Private Area: Pages of the Web which access is limited to the Users. Through this Area Users access to services provided by Nespra S.L which are regulated in the relevant Terms and Conditions of use and partially in the Legal Notice.
App: Computer Application developed to be installed on devices connected to the Internet and enable to collect information and transmit it over the Internet .
Developer: Registered user who has identified himself as a person who develops Apps.
Nespra: The entity that manufactured the Device or Object.
Nescloud Platform: Website made available by the manufacturer to people who have purchased their devices to manage information collected by them.
Nesgate or Nesmote: Electronic device that has been made and programmed to collect, send and transmit information over the Internet.
Scope of application:
This document sets out the terms and conditions applicable to the services provided by nescloud.net through the Private Area and which have been requested and contracted by the User when signing in as a user of this area.
The contractual framework that establishes the parties rights and obligations is the following:
Terms and Conditions of use
All these documents are published on the Web and in the Private Area and must be expressly accepted by the User at the time of the creation of his user account.
Any subsequent amendments to these documents shall be notified to the User. Upon such notification, if the User continues to use the services, nescloud.net shall understand that he accepts such amendments and the new documents will replace the previous ones.
In case of conflict or inconsistency between these documents the following order of priority is established:
1st. Terms and Conditions of use
2nd. Legal Notice
4th. Cookies Policy
The User, by accepting these Terms and Conditions of use, warrants he has enough capacity to do so and, therefore, to engage the services.
Nescloud.net Nescloud.net provides to the User a technologic platform accessible via the Private Area that includes the following services:
Dashboard Service providing the User a single desktop where he will be able to manage, reprogram and interact with Internet-connected devices, setting a network up.
Microsite or private organisation through which the Users will be able to share their experiences in the field of Internet of Things with other Users and creating a network of devices and private intranets.
Nescloud.net shall begin providing the services described above from the moment the User completes the Registration form, accepts these Terms and Conditions of use and submits the information to nescloud.net by clicking on the button for such purpose.
User obligations related to the Dashboard Service
By accepting the Terms and Conditions of use and by using the Dashboard Service, the User undertakes to:
Warrant that he is the rightful possessor and user of the Devices he uploads into the Private Area and which are managed through this Private Area.
Warrant that information provided to access the Manufacturers Platform has been lawfully obtained without incurring in identity theft, and he owns it.
Warrant that he is a lawful user of the Manufacturers Platforms from which he extracts the information linked to his Devices and/or Objects .
Allow nescloud.net access to the information required to provide the service.
Hold harmless nescloud.net regarding any third party claims and other Users claims originated from the use of the Service.
User obligations regarding the Timeline Service
By accepting the Terms and Conditions of use and by using the Timeline Service the User agrees to:
Transmit to nescloud.net the necessary intellectual property rights to publish and disseminate his data devices and through the Web. This transfer of rights is indefinite, worldwide, non-exclusive and of sublicensable character.
Handle information related to his deies only inside the Timeline Service, not being able to export it outside the Private Area. However, it exempts from this prohibition the dissemination of posts and comments through social networks in which the User is at the same time user.
Hold harmless nescloud.net regarding any third party claims and other Users claims arising from the use of the Service.
User obligations regarding the Inbox Service
By accepting the Terms and Conditions of use and by using the Inbox Service, the User undertakes to:
Inform nescloud.net, according to the Notification or Complaint Procedure (see 12), from the moment he does not want to receive internal messages from another User.
Hold harmless nescloud.net regarding any third party claims and other Users claims arising from the use of the Service.
Limitations on the use and on the content of the services
Regarding the content published by the User or the content he could link to, he undertakes to:
Warrant that such content respect the following principles:
Respect for the law and the rights of third parties, especially the right to honor, right to data protection, the right to privacy and the right to image.
The protection of public order, criminal investigation, public security and national defense.
The protection of public health or the natural or legal persons who are consumers or users, even when acting as investors.
Respect for the dignity and the principle of non-discrimination on grounds of race, sex, religion, nationality, disability or any other personal or social circumstance.
The protection of youth and childhood.
The protection of intellectual property rights.
Do not use pornographic images or pornographic content.
Warrant that he is the author of the content posted or who holds the intellectual property rights that allow the publication and dissemination of the content.
If he is not de author of the content, but he includes it as part of his own content or to which he links, he must ensure he holds the necessary rights to make this dissemination and publication.
Regarding the contents of other Users to which the User gets access, he shall only use and disseminate such content under the following conditions:
Any use of this content requires to identify the author
Modification of this content is not allowed to create a derivative work.
Neither the content published by User, nor the contents to which he could link will be reviewed by nescloud.net. However, in the event that any User would denounce those contents or nescloud.net would detect they violate these Terms and Conditions of use, nescloud.net shall proceed in accordance with the provisions for the Suspension of Users.
Regarding all of the Services, the User agrees to :
Not use the Services to commit illegal acts or to violate the others’ rights or violate the principles set forth in the preceding paragraphs.
Not use the Services to conduct advertising, marketing or sales prospect actions.
Do not use the service improperly or in a way it is contrary to the service purpose. Non-exhaustively the following User behavior shall be deemed to have this character regarding the Inbox service:
massive mailing or
sending mails to users who have expressed their refusal to receive messages from the User.
Do not impersonate someone else.
Do not include viruses, malware or any other software or technical device that seeks to use the services in a way that is not the defined way by nescloud.net.
When a User detects any violation of the requirements of this section may notify nescloud.net according to the Notification or Complaint Procedure.
Notification or Complaint Procedure
To report or complain about any event, the User must notify nescloud.net via e-mail to firstname.lastname@example.org. In the e-mail the User must clearly include a description of the fact denounced or notified. In case of complaint, the User must also include all documentation or information required to identify the complainant, the respondent and the object of the complaint and which shall prove the infringement allegedly committed.
The fact that nescloud.net facilitates the Technical Support Service to the Users does not imply that nescloud.net provides maintenance services for the nespra devices.
That Technical Support Service provides support services to Users only with respect to the use of the Private Area .
Suspension of Users
Nescloud.net shall suspend the provision of Services to a User when:
After 6 months of not renew device license. In this case, nescloud.net will send an e-mail to inform the User about the suspension of his account, unless he activates the account by clicking on the appropriate link.
Administrators od the organisation has applied to nescloud.net for not receiving messages from the User through the Inbox Service. Upon receipt of the petition nescloud.net shall implement technical measures to avoid receiving messages in the Inbox Service of the applicant.
Administrators od the organisation has reported to nescloud.net that the User violates the provisions of section 11 concerning Limitations on the use and on the content of the services.
Administrators od the organisation has reported to nescloud.net that the User is in breach of the Terms and Conditions of use.
Except in the case of inactivity and the blocking of the ability to send messages from one user to another via the Inbox Service, nescloud.net shall study the notification received from another User, conducting checks it deems appropriate. The suspension shall last from receipt of the notification until nescloud.net has determined the veracity of the statements made by a User. In the event that nescloud.net concluded that allegations made by a User with respect to another are truthful, it will terminate the User's account. Otherwise, the suspension will be canceled.
While the suspension is taking place, all the information regarding the User shall be blocked, not being accessed by any other User.
Termination of Service
The Terms and Conditions of use may be terminated when:
The User does not reactivate his account after elapsing six months since the suspension of the Service.
The User cancels out his User account.
The User fails to comply with his obligations.
Nescloud.net ceases in providing the Services.
When the Services are terminated, nescloud.net shall delete all the information related to the User. However, nescloud.net shall send an email to the account of the User which will include a link through which the User may access his information and he may copy it. Access to such information will be enabled for 72 hours from sending the abovementioned email.
During the term of the provision of the Services, at any time, the User may download the information managed through the Dashboard service.
Termination of the provision of the Services does not entitle Users to be indemnified.
No party shall be liable for failure or defective performance or delay of its obligations under these Terms and Conditions of use if such failure or defective performance or delay stems from events that could not be foreseen, or which, foreseen, were inevitable, such as cases of force majeure such as natural disasters, war, siege, disturbances of public order, power outage or failure on the electronic communications service, or any other exceptional measure taken by the administrative authorities or government.
The occurrence of an event of force majeure or fortuitous event entails the suspension of the Services until the restoration of normalcy.
Nespra S.L declines any responsibility for the User damages that may arise as a result of his use of the Private Area, unless they are directly attributable to nescloud.net, expressly excluding any liability arising from acts or omissions of Users, Developers or third parties such as providers of electronic communications services, hosting, etc. .
Also, except in the case of liability arising from malice, nescloud.net shall not be liable in any way for any indirect damages such as lost profits, loss of business, expectations, income or profit, loss of data or programs.
Nespra S.L shall not be liable either specifically or implicitly of the adequacy of the Services provided to the real needs of the User.
Nescloud.net does not assume any liability that may arise from:
certainty and accuracy of the information managed by the User through the Private Area, including that obtained through the Manufacturers Platforms.
information posted by Users in the Private Area. The fact that nescloud.net makes available to Users a platform through which they can share information and opinions between them, does not imply that nescloud.net agrees with this information or that it offers any guarantee in this regard.
Right of withdrawal
In relation to all services, according to the Law, the right of withdrawal does not apply, as the execution of all services initiates when the User accesses the Private area, being these services continous in its performance. In relation to the Apps downloading, the right of withdrawal is not applicable either, as it is a provision of digital content which requires the User’s consent by clicking on the button for such purpose. The User, by accepting the Terms and Conditions of use, is aware that according to the information provided above loses his right of withdrawal. Regardless of the impossibility of exercising the right of withdrawal, the User may terminate the contract in accordance with the provisions of point 16.
Governing Law and Jurisdiction
These Terms and Conditions of use will be governed by Spanish law.
Users, Developers and nescloud.net, expressly waiving their own jurisdiction to the extent that applicable law so permits, submit all interpretations or conflicts that could arise from these Terms and Conditions of use to the Courts of Valencia city.
These Terms and Conditions of use are written in English.
Register of the content of the Terms and Conditions of use
Nescloud will record all the versions of the Terms and Conditions of use.
Last amendment: 14th April 2016