Terms and conditions


Terms and Conditions of Use, Services and Goods of www.30mhz.com

This is the Terms and Conditions of Use, Services and Goods of the website www.30mhz.com (Terms of Use). The website www.30mhz.com (the Website) and its contents are property of and managed by 30MHz B.V., located at Oost Indiëstraat 24, 2013 RP Haarlem (30MHz).

The Terms of Use apply to your visit to and your use of this Website, as well as to all information, recommendations and/or services provided to you on or through this Website (Information). Furthermore this Terms of Use provides information on your use of our service that allows you to view and analyse sensor data collected from your 30MHz sensors, which is accessible via our web application (Services).

These Terms of Use may be changed over time. Users of our Website and/or Services are advised to regularly review the Terms of Use for possible changes.

These Terms of Use were  last changed on 14 april 2016.

Services of 30MHz
We developed the 30MHz Sensor Toolkit.  The 30MHz Sensor Toolkit consists of sensors as well as the ZENSIE dashboard, capturing and analyzing  data from the physical environment (such as CO2, moisture, H2SO4, noise, vibration, occupancy, etc.).

After you made an order via our website and made the payment, we will send you (i) the ZENSIE Gateway and (ii) the specific sensors you have ordered (the 30MHz Sensor “kit”).

You can buy a 30MHz Sensor “kit” by contacting us through our website www.30mhz.com. You can easily install the “kit” yourself.

After the installation, the 30MHz Gateway will collect all the data from the sensors and send it to your own dashboard via a fixed internet network, WiFi or 2G/4G network. You can monitor and analyze the data via your dashboard, which is accessible via our web application.

The price of a 30MHz Sensor “kit” and the price for the services of 30MHz in respect of the possibility of a user to monitor and analyze the sensor data via the web application of 30MHz are available upon request.

Ownership of the 30MHz Sensor “kit” will be transferred to you upon full payment of the price for the relevant 30MHz Sensor “kit” (without any set-off or deduction), however the economic risk of the “kit” will be considered to be for your account upon delivery.

Agreement to Terms of Use
By using our Website and/or Services, you agree to be bound by these Terms of Use. If you are accessing and using the Website and/or Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use. In that case, “you” and “your” will refer to that company or other legal entity.

Payment
The payment and billing terms are set forth in the agreement between you and 30MHz in connection with the Services.

Who May Use the Services?
You may use the Services if you have signed the offer of 30MHz with complete and accurate billing and contact information in connection with the Services. You represent and warrant that your use of the Services and the 30MHz sensor(s) complies with all applicable laws. 

Persons below the age of 18 may only use the Services if they have written permission of one of their parents or their legal guardian who has read these Terms of Use and the Privacy Notice.

Registration and your Information
If you want to use the Services you will have to create an account (Account). You can do this via the Services or through your account with certain third-party communication tools such as Google Apps (each, a Third Party Account) If you choose the Third Party Account option we will create your Account by extracting certain personal information from your Third Party Account such as your name and email address and other personal information that your privacy settings on the Third Party Account permit us to access.

You agree that you won’t disclose your Account password to anyone and you will notify us

immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

Feedback
We welcome feedback, comments and suggestions for improvements to the Services. You can submit Feedback by sending an email to contact@30mhz.com.

Privacy Notice
For information on how we collect, use and disclose information from our users and visitors of the Website click here

Unsolicited ideas
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on the Website or send these to the Company by email or otherwise, the Company shall be entitled to use, copy and/or commercially exploit such Materials.

Content and Content Rights
For purposes of these Terms of Use:

(i) Content means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including data, analysis, and results created by 30MHz as part of the Services that is based on your Sensor Content; and

(ii) Sensor Content means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation Sensor Content. Your Sensor Content will consist of sensor data transmitted from your 30MHz  sensor(s) to the Services, but it may also include metadata about sensors and assets that you enter (such as your name, email address, phone number, postal address and location).

Intellectual property, Content Ownership, Responsibility and Removal
30MHz exclusively owns all right, title and interest in and to the Website, Services and Content, including all associated intellectual property rights. You acknowledge that the Website, Services and Content are protected by copyright, trademark, and other laws of the Netherlands. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services or Content.

Rights to the Website
Users are permitted to read the Website and the Information and make copies for their own personal use, for example by printing or storing it. All other use of the Website or the Information, for example the storage or reproduction of (a part of) the Website in any external internet site or the creation of links, hypertext links or deeplinks between the Website and any other internet site, is prohibited unless the express written consent of the Company.

Rights in Sensor Content Granted by You
Unless you disagree, 30MHz is entitled to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your Sensor Content, in connection with operating and providing the Services and Content, to analyse your data in a broader context. We will always anonymize your data, and you will get the results as well.We will not sell or otherwise give this data to any third party.

You are solely responsible and owner of all your Sensor Content. You also represent and warrant that neither your Sensor Content, nor your use and provision of your Sensor Content to be made available through the Services, nor any use of your Sensor Content by 30MHz on or through the Services will infringe the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

At request, 30MHz can remove your Sensor Content, including upon termination of your use of the Services. However, some Sensor Content may not be removed while you are signed up to use the Services, as the deletion of your Sensor Content would interfere with our ability to perform the Services for you.

Rights in Content Granted by 30MHz
Subject to your compliance with these Terms of Use, you are permitted to read the Content and make copies for your own personal use, for example by printing or storing it. All other use of the Content or the website www.30mhz.com is prohibited unless the express written consent of the Company.

General Prohibitions and 30MHz’s Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services or any individual element within the Services, 30MHz’s name, any 30MHz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without 30MHz’s express written consent;
  • Access, tamper with, or use non-public areas of the Services, 30MHz’s computer systems, or the technical delivery systems of 30MHz’s providers;
  • Attempt to probe, scan or test the vulnerability of any 30MHz system or network or breach any security or authentication;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 30MHz or any of 30MHz’s providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 30MHz (i.e. the API) or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a 30MHz trademark, logo URL or product name without 30MHz’s express written consent;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Linked sites
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination
The term of these Terms of Use begin upon your creation of an Account and shall continue until the cancellation of your Account.

We may terminate your access to and use of the Services, at our sole discretion, at any time upon notice to you.

You may cancel your Account at any time by contacting us through contact@30mhz.com.

Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Content and Content Rights, Content Ownership, Responsibility and Removal, Termination, Services and Liability, Indemnity, Applicable law and jurisdiction and General Terms.

Note that if we terminate your Account prior to the end of the pre-paid order form duration, you are not entitled to any proration of the amounts paid for the Services. Any refund provided is solely at 30MHz’s discretion.

Limited liability of the Website, Services and Goods

Limited liability of the Website:

The information is for general information purposes only and does not constitute advice. The Company will reasonably keep the Information on the Website and its contents correct and up to date but does not guarantee that the Website and/or the Information is free of errors, defects, malware and viruses or that the Website and/or Information is correct, up to date and accurate.

The Company shall not be liable for any damages resulting from the use of (or the inability to use) the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of the Company.

The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Limited liability of the Services:
30MHz will reasonably keep the Content of the Services correct and up to date but does not guarantee that the Content and/or the Services are free of errors, defects, malware and viruses or that the Content of the Services are correct, up to date and accurate.

Under no circumstances 30MHz shall be liable for any direct or indirect, special, incidental or consequential damages or loss (including losses due to delay), cost or expenses of any kind resulting from the use (or the inability to use) the Services, including damages caused by malware, viruses or any incorrectness or incompleteness of the Content to the fullest extent as permitted by law, unless such damage is the result of any wilful misconduct or from gross negligence on the part of 30MHz.

Limited liability of the Goods

As from the date of the 30MHz Sensor “kit” has been delivered, any risk of loss regarding the 30MHz Sensor “kit” shall transfer from 30MHz to you.

The liability of 30MHz for any damage of the 30MHz Sensor “kit” is expressly limited to the repair, replacement, or refund of the invoice price of the 30MHz Sensor “kit”, which prove to be defective in materials or workmanship, within a period of ninety (90) days after finding of a defect. The repair, replacement or refund of the 30MHz Sensor “kit” shall be at the 30MHz’s sole discretion.

Under no circumstances shall 30MHz be liable for any indirect, special, incidental or consequential damages or loss, cost or expenses of any kind resulting from the use (or the inability to use) the 30MHz Sensor “kit” to the fullest extent as permitted by law, unless such damage is the result of any wilful misconduct or from gross negligence on the part of 30MHz. Consequential damages for purposes hereof shall include without limitation, loss of goodwill, lost sales or profits, work stoppage, production failure, impairment of other goods or otherwise whether arising out of or in connection with breach of warranty, breach of contract, misrepresentation, negligence or otherwise. For the avoidance of doubt, 30MHz shall not be liable for any delay in delivery of the 30MHz “kit” supplied by suppliers or subcontractors. Without prejudice to the above, in case 30MHz would be liable, the liability of 30MHz is limited to the amount of the invoice of the 30MHz “kit” and/or the invoice of the Services.

30MHz is not responsible for accuracy, availability or reliability of the date provided through its Services.

Indemnity

You will indemnify and hold harmless 30MHz and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) the use and/or exploitation of the Materials, (ii) your access to or use of the Services, Content or 30MHz “kit”, (iii) your Sensor Content, or (iv) your violation of these Terms of Use.

Applicable Law and Jurisdiction
These Terms of Use shall be exclusively governed by Dutch law. All disputes arising in connection with these Terms of Use, including disputes concerning the existence and validity thereof, shall be resolved by the competent court of Amsterdam, the Netherlands.