Terms and Conditions.
By logging into this web & mobile application portal, the user hereby agrees to the following terms and conditions under which this web/mobile application service is provided.
Description of Service
NIMBLE will host certain web and mobile software applications for Subscriber’s business or personal use of environmental parameter monitoring for Residential, fleet or asset tracking/monitoring and /or Industrial, Logistics, Cold chain Logistics, Telecom and Energy monitoring activities (“Service”).
The terms and conditions detailed below specifically pertain to Nimble’s web and mobile applications as listed below:
- “IRIS” family of Web & Mobile applications used for location tracking and monitoring of environmental parameters such as temperature, pressure and other parameters as supported from time to time for use in applications including but not limited to Commercial/personal Shipments/Packages/Vehicles/Recreational vehicles/Motor homes/Vacation homes.
- “Solaris” Web & Mobile applications for use in applications including but not limited to Energy Monitoring of commercial, Industrial and telecom sites/factories and plants.
- “IRIS-Sensors” family of Web & Mobile applications for use in applications including but not limited to Environmental parameter monitoring such Temperature, pressure and other parameters as supported from time to time.
- RV Petsafety Monitor mobile application.
- NIMBLE will provide remote access of these web and mobile applications to the Subscriber through secure username and password.
Consent to storage/use of location information
When you use a location-enabled GPS application such as the IRIS Web & Mobile applications, we collect and process information about the actual physical location of the asset to which the tracking device associated with this application is connected or attached to, using GPS and/or cellular signals received by the tracking device and sent over the internet to the application server hosting the IRIS application. Nimble devices may also use various other technologies to determine location, such as sensor data from the device that may, for example, provide information on accessories/devices connected to the tracking device or a nearby Wi-Fi access points and cell towers. The location data information of your asset, to which the tracking device is attached, is stored in our servers and is being used only for the sole purposes of providing the tracking application for your use and/or performance optimization of our applications. Such location and other sensor data from the device is protected against un-authorized use and will not be disclosed to third parties except as required by law enforcement authorities
Availability of Service
Subject to the terms and conditions of this Agreement, NIMBLE shall use commercially reasonable efforts to provide services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. Subscriber agrees that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction; (ii) periodic maintenance procedures or repairs that NIMBLE may undertake from time to time; or (iii) causes beyond the control of NIMBLE or that are not reasonably foreseeable by NIMBLE, including without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Subscriber further agrees that the availability of the Service or hosted application may be interrupted during periods of time during which NIMBLE has scheduled upgrades to the Services and or web server. NIMBLE will make every effort to inform in writing or by electronic mail to Subscriber of such interruption in service prior to such interruption. However, it is expressly clarified that NIMBLE shall not be responsible for any interruption in the Service due to the reasons mentioned herein above
Modification of terms of service
NIMBLE may modify the Terms of Service upon notice to Subscriber at any time. Subscriber will be provided notice of any such modification by electronic mail. The subscriber may terminate use of the Services if the terms are modified in a manner that substantially affects Subscriber’s rights in connection with the use of the Services. Subscriber’s continued use of the Service after notice of any change to the Terms will be deemed to be Subscriber’s agreement to the amended Terms of Service, and the Subscriber shall be required to pay for such continued Service.
Personal information and privacy
The subscriber is responsible for maintaining the confidentiality of subscriber’s username, password, and other sensitive information. The subscriber is responsible for all activities that occur in Subscriber’s user account, and Subscriber agrees to inform NIMBLE immediately of any unauthorized use of Subscriber’s user account by email or by calling NIMBLE. NIMBLE is not responsible for any loss or damage to Subscriber’s or any third party incurred as a result of any unauthorized access and/or use of Subscriber’s user account, or otherwise.
Cookies are pieces of data that are often created when a user visits a website/mobile application, and which are stored in a cookie folder on the user’s computer/smart device. One or more cookies maybe created when accessing the NIMBLE IRIS website or mobile application. The cookie provides functionality by storing subscriber preferences while the user navigates around the site. This cookie is automatically deleted shortly after the user logs out of the site or the session is timed out. The cookie does not contain any personal information about the subscriber, and it cannot be used to identify an individual user. The user may choose to set the browser to not accept cookies but this may limit some features of the IRIS web or mobile application.
IRIS also automatically collects information including but not limited to IP address, about Subscriber’s visit to its site. This information is used to make subscriber’s visit to IRIS site more efficient, and to help remember browsing preferences on IRIS site so as to make regular improvements.
Any changes to Privacy and/or Data Retention Policy that affect how subscribe data is handled, will be communicated by NIMBLE by email to the subscriber and updated in the terms and conditions.
5.3 Data Protection and Security
NIMBLE is committed to protecting Subscriber data collected through IRIS tracking system. Data collected through IRIS primarily includes tracking information of various assets and other parameters monitored (ex: vehicles or other equipment and the temperature or other parameters measured by the Nimble device that may be tracked) belonging to the Subscriber and to a small extent personal Subscriber account information such as name, phone numbers, address etc. Nimble will take diligent processes to safeguard this data. The steps include but are not limited to organizational (who has access to it) security procedures as well as electronic access control to this data. However NIMBLE will not be responsible for any unauthorized use of the data on account of unauthorized disclosure by the Subscriber.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
5.4 Data Retention
- NIMBLE will retain data pertaining to tracking information of assets for up to 30 days from the time the data is created in the system. During this time, the user can view or download the information through the IRIS application features.
- Tracking data that are beyond one month of age are not available through the IRIS mobile application/website for download and are automatically deleted by the web server.
- If specifically required by the subscriber in writing prior to the expiry of the data, data will be archived in our storage, systems. This data (in text or other compatible format) can be provided on request within a period of one month and will be deleted from our archival storage systems once delivered to the subscriber.
- If web/mobile application service is discontinued for reasons of non-payment of service charges, NIMBLE reserves the right to delete the data within 30 days after providing notification to the subscriber.
- All archived data will be in text format wherever possible and may include binary format in certain cases such as images or in cases where that is deemed to be efficient for storage.
- Current or archived data will be provided to Subscriber only in electronic format, either through browser download or email or ftp mechanisms. Under, no circumstances data will be provided to via physical delivery methods such as postal mail, or thru other physical media such as DVD/CD/Tapes.
- Access to IRIS online service is through password protected logins. It is the responsibility of the subscriber to make sure that these login credentials are not provided to unauthorized personnel.
- In general, any information provided to NIMBLE will only be used by us in accordance with these terms. Subscriber information will be disclosed where NIMBLE is obliged by law to do so. Also, if subscriber posts or sends offensive, inappropriate or objectionable content anywhere on this website or otherwise engage in any disruptive behavior on the IRIS website, NIMBLE can use whatever information that is available to NIMBLE to stop such behavior.
- Financial arrangements
Financial terms and conditions under which this web/mobile application portal service is provided is as per the terms of the web services agreement entered into between the Subscriber and NIMBLE or as provided during the time of the ordering of the service over phone or online store.
- Subscriber’s representations and warranties.
Subscriber represents and warrants that:
- it shall use the web Service solely in accordance with these terms and conditions.
- it will not, directly or indirectly, disassembles, de-compile, reverse engineer, translate, or otherwise copy the Service or its components for any purpose.
- It will use the services provided by us, for lawful purposes only and comply with all applicable laws and regulations while using the Service.
- It will provide authentic and true information in all instances where such information is requested of it. NIMBLE reserves the right to confirm and validate the information and other details provided by the Subscriber at any point of time. If upon confirmation the Subscriber’s details are found not to be true (wholly or partly), NIMBLE has the right in its sole discretion to reject the registration and debar the Subscriber from using the Services and / or other affiliated websites without prior intimation whatsoever.
- It is accessing the Services at its sole risk and is using its best and prudent judgment.
- It may not use the mobile application or website or Service for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws;
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Subscriber retains any copyrights on any content created by the Subscriber, such as logos on banners or images. Subscriber warrants to NIMBLE that any Subscriber content is original and subscriber is the sole author or the Subscriber has the full power and/or license to make this arrangement and publish this content on the Internet. Subscriber indemnifies NIMBLE against any losses and other expenses, including reasonable attorney’s fees, after final judgment of any claim or action against any of all of these warranties.
All NIMBLE libraries, source code, distributable files, and other files remain NIMBLE’s exclusive property. Regardless of any modifications that Subscriber or NIMBLE makes, Subscriber may not distribute, amend, modify, decompile, reverse engineer or otherwise change any files (particularly NIMBLE’s source code and other non-executable files) except those that NIMBLE has expressly designated as distributable files.
Any additional features or capabilities, cosmetic changes to any User Interface, or additions to the codebase, database, or any files associated with any of NIMBLE’s applications remain the exclusive property of NIMBLE regardless of origin of the concept of the additional features or capabilities.
Subscriber shall not assign this Agreement or any right or interest under this Agreement, or delegate any obligation to be performed under this Agreement without NIMBLE’s prior written consent. Any attempted assignment in contravention of this Section shall be voidable at NIMBLE’s discretion.
- Restrictions on use
Subscriber represents and warrants that it shall not use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. Subscriber agrees not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. NIMBLE reserves the right to terminate access to the Services if there are reasonable grounds to believe that Subscriber has used the Services for any illegal or unauthorized activity. Subscriber is further prohibited from violating or attempting to violate the security of the website/server, including, without limitation, (a) accessing data not intended for the Subscriber or logging onto a server or an account which the Subscriber is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the website/server, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. NIMBLE may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Subscriber agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Services / website or any activity being conducted on this website. The Subscriber agrees, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) any part of the Service or the website.
- Disclaimer of Warranties
Subscriber expressly understands and agrees that the use of the services is at Subscriber’s sole risk. The Services are provided on an as-is-and-as-available basis. NIMBLE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. NIMBLE makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the Services shall be at Subscriber’s own discretion and risk and Subscriber will be solely responsible for any damage to Subscriber’s computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by Subscriber from NIMBLE, its employees or representatives shall create any warranty not expressly stated in the terms.
- Limitation of Liability
Subscriber agrees that NIMBLE shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by Subscriber’s use of or inability to use the service, even if NIMBLE has been advised of the possibility of such damage. Subscriber’s sole and exclusive remedy for any dispute with NIMBLE related to any of the Services shall be termination of such services. In no event shall NIMBLE’s entire liability to Subscriber in respect of any service, whether direct or indirect, shall exceed the fees paid by Subscriber towards such service.
12.1 Use of RV Pet Safety Solution and Pet Temperature Monitoring Device
Subscriber agrees that the Services covered under the RV Pet Safety Solution and Pet Temperature Monitoring Device are limited to monitoring the temperature and reporting any such temperature deviation to the Subscribers. Since these deviation alerts are sent over a cellular network, there may be delays or failures in such alerts owing to various reasons including but not limited to the cellular network delays/failures in the region of the subscriber and or the monitoring/tracking device. In no event shall NIMBLE be liable for any death, harm or injury caused to Subscriber or his/her pets by reason of such deviation in temperature or by the failure of or delay in transmitting the deviation alert messages.
Subscriber agrees to indemnify and hold harmless NIMBLE, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims arising out of a breach of these terms and conditions and the representations and warranties provided by the Subscriber or our of any claims arising out of the Subscriber’s use of the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the terms, or any other claim related to Subscriber’s use of the Services, except where such use is authorized by NIMBLE.
- Suspension and Termination
NIMBLE may suspend Subscriber’s user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. NIMBLE may terminate a suspended or disabled user account after thirty days. NIMBLE will also terminate Subscriber’s user account on Subscriber’s request. In addition, NIMBLE reserve the right to terminate Subscriber’s user account and deny the Services upon reasonable belief that Subscriber has violated the Terms. Termination of user account will include denial of access to all Services, deletion of information in Subscriber’s user account such as Subscriber’s e-mail address and password and deletion of all data associated with or in Subscriber’s user account.
- Governing Law and Jurisdiction
These terms shall be construed in accord with the applicable laws of California. The Courts at San Diego County, California shall have exclusive jurisdiction in any proceedings arising out of these terms.
In the event of any dispute or difference either in interpretation or otherwise, of any terms of these terms, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the Subscriber. The above arbitration shall be in accordance with the applicable laws of California as amended time to time. The arbitration shall be held in San Diego County, California.
- If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect. Unless otherwise specified herein, these terms constitute the entire agreement between NIMBLE and the Subscriber with respect to Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. NIMBLE’s failure to act with respect to a breach by the Subscriber or others does not waive its right to act with respect to subsequent or similar breaches.