SensDesk Portal – Conditions of Use HW group s.r.o

Conditions of Use of the SensDesk Portal constitute contractual terms and conditions for using the services provided by HW group, s.r.o. According to these terms and conditions, the user of the services described below (the “User”) agrees to adhere to the rules – Conditions of Use of the SensDesk Portal (the “Terms and Conditions”) stipulated herein.
  1. General Conditions
    1. For the purposes of these Terms and Conditions of Use, the terms below have the following meanings:
      The Provider, The Service Provider
      means HW group s.r.o., manufacturer and developer of hardware and software; registered office: HW group s.r.o; Rumunská 26; 120 00 Prague 2; Czech Republic; CIN (Company identification number): CZ 2709696

      The Service
      means cloud services that are provided by HW group s.r.o. on www.sensdesk.com. This service is inherently linked to hardware by HW group s.r.o and allows easy and affordable remote access to monitoring devices and to the connected sensors and use of related features. Collection of monitored values, their visualization, alerting, and reporting are some of the main features.

      Team Admin
      means the user who is creating the Accounts / Team; has rights to add the users to the Team (and delete them) and set up the Team.

      Team
      is created when the new account is created. More Users can be part of the team if the purchased Subscription Plan allows it. The Team can group different user accounts with different rights. Related users have to be created from the main Team account.

      The User
      means a physical or legal entity using The Service (Trial account or Subscription plans) legitimately and in accordance with the Terms and Conditions of Use. The User is identified by a unique e-mail address.

      Trial account
      Anybody can create a Trial account for free. This account is limited in terms of settings and time. Upgrade to one of the paid Subscription plans is possible using a purchased Subscription Plan code or by getting a custom Plan (on individual request only).  

      Subscription Plans
      The Service is provided in different kinds of Subscription Plans (i.e. settings/limitations) besides a free Trial account. Price lists of Subscription Plans and their settings and limitations can be found on sensdesk.com.

      Subscription Plan code
      Means Unique code number provided by The Provider enabling the user to use The Service in particular settings and limitations (see Subscription plans). E-mail confirmation from The Provider is needed to start using the service.

      Activation
      To activate any Subscription Plan it is necessary to create a Trial account first. The purchased Subscription plan will be activated by The Provider.

      Data
      All data, values, files or other information created by The User or originated for The User in connection with the use of The Service are stored in SensDesk.com.

      Distributor
      HW group distributor listed on the HW.group.com (contact/distributors) or other partners.

       

    2. Terms and Conditions of Use of The Service constitute contractual terms and conditions for using the services provided by HW group, s.r.o.
    3. The Service provides easy and affordable remote access to limited device management and administration of monitoring devices and sensors and related alerts and features.
    4. By creating an account (including a Trial account) the user agrees with The Terms and Conditions of Use SensDesk.com. 
    5. The Service is inherently linked to hardware by HW group s.r.o. Only approved devices supplied by HW group s.r.o. can be connected to The Service.
    6. Using The Service shall mean logging in to the service system (i.e. entering username or an e-mail address and a password at the Internet site where The Service is accessible from), and/or retrieving and using data and/or sending e-mails using a communication protocol intended for that purpose.
       
  2. The service
    The Service is provided either as an Trial account or as a one of the paid services i.e. Subscription Plans.  All services/plans/accounts have its own settings and limitations:
    • Date of expiration: Team account is paid until this date.
    • Action - E-mail limit: Maximum amount of e-mails which The Service can send from The Team account per 1 month
    • Action - SMS limit: Maximum number of SMS (and Voice-Calls) alerts which The Service can send from The Team account per 1 month
    • Dashboard limit: Maximum number of Dashboards that can be used within The Team account.
    • Device limit: Maximum number of HW group devices that can be connected to The Team account
    • Log limit (days): maximum accessible historical monitored data from connected devices.
    • Multigraph limit: Maximum number of Multigraphs that can be used within The Team account.
    • Report limit: Maximum number of unique Reports that can be active within The Team account.
    • User limit: maximum number of users that can be connected to one Team account
    • User SNMP enabled: Open-API interface
    • values.xml enabled: Open-API interface

      Limited number of SMS for particular Subscription Plans (including custom Plan) is only indicative. The limit of SMS is calculated based on SMS price usual in European Union. If you are accessing the service outside of EU, contact The Provider or your HW group distributor for accurate information.
       

  3. Purchasing of The Service
    The Service is available at www.sensdesk.com.The Service is provided in custom and standard Subscription plans. The custom Plan can be activated individually by the provider (see para 4. article g)). You can find valid Subscription plans on the www.sensdesk.com.

     

    1. Subscription plan codes can be purchased from:
      • shop.sensdesk.com
      • HW group distributors (the list)
    2. Custom Subscription plan can be purchased from:
      • The Provider using the available contact form or E-mail sensdesk(at)sensdesk.com
    3. Custom Subscription plan can be provided by The Provider only to:
      • Legal entities within the European Union with VAT number
      • Legal entities and the individual person outside the European Union
    4. Interested parties within the European Union and without VAT number can contact the local distributor (the list) for The Service.
    5. The company reserves the right to change the standard Subscription plan (the Trial account included), its price, settings, and limitations in the future. The already purchased plan remains unchanged for the entire period of its validity.
    6. Trial account can be created by any person or legal entity. The provider will confirm the successful creation of the Trial account by e-mail confirmation to the e-mail address provided by the user (see Art. 4.; Para. b).
       
  4. Activation
    The User who wishes to use The Service must create the Trial account. A valid e-mail address to which The User has unrestricted access is necessary to create the Trial account. The provider verifies this e-mail address by sending the one-time activation link to the provided e-mail address.
    1. The Trial account is activated via a link that The Provider sends by e-mail to the e-mail address provided by The User. By performing the activation, The User agrees with these Terms and Conditions of use The Services.
    2. Trial account is limited in time and features. Settings and limitations are:
      • Date of expiration: 30 days from creating the Trial account
      • Action - e-mail limit: unlimited
      • Action - Set output limit: 0
      • Action - SMS limit: 0
      • Action - SNMP trap limit: 0
      • Dashboard limit: 1
      • Device limit: 3
      • Device group limit: unlimited
      • Location limit: unlimited
      • Log limit (days): 10
      • Multigraph limit: 0
      • Notice limit: unlimited
      • Report limit: 0
      • Target limit: 2
      • User limit: 1
      • User SNMP enabled: disabled
      • values.xml enabled: disabled.
    3. Trial account can be upgraded to one of the Subscription Plans by entering the Subscription Plan code into the dedicated field on sensdesk.com. (Settings/ My Team / Subscription Plan code).
    4. After entering the Subscription Plan code, The Provider upgrades the User´s Trial account to the purchased Subscription Plan within 3 working days.
    5. Valid standard or custom Subscription Plans can be also upgraded to a higher Subscription Plan or to another settings and limitations (custom plan). To do so, it is necessary to contact The Provider using the contact form or e-mail sensdesk@sensdesk.com.
    6. Custom Plan can be activated by The Provider after all conditions, settings, and limitation (including price and time duration) is agreed and accepted by the interested party.
    7. If you have any questions, contact The Provider using the contact form or e-mail sensdesk@sensdesk.com.
       
  5. Alerts
    Alerts are the setting of alarm triggers, related Alerting and Advanced alerting are some of the main features of The Services.
    1. The Provider will use all available and suitable options to ensure the maximum possible availability of Alerting / Advanced Alerting.
    2. SMS and Phone-calls alerting is provided by The Provider using 3rd party products and services. The Service Provider cannot be held responsible for the long-term stability and quality of the services provided by third parties. (see Art. 7)
    3. The Service Provider can disable the sending of alarm messages (e-mail or SMS) when the recipient is unavailable. For example, when generating a large number of e-mails with replies about the unavailability of the recipient or information about the canceled / full mailbox.
  6. Data
    1. The Service allows remote access to data from devices and sensors connected to The Service and to data provided by The User.
    2. The Service displays incoming data in a graphical interface.
    3. Data validity is based on the connection between monitoring devices and the portal and also between the portal and the user. Service Provider can’t guarantee connection quality. Data values are relevant from the moment when it was synchronized from the device. The Provider shares the timeframe of the data with The User.
    4. These data are to be used for information purposes only. Data may not be used for monitoring and control of machinery, security and safety systems, or other systems with time-critical applications. Data may not be used for the safety and/or health of humans and animals without whole system certification. The data are not to be used in any cases requiring urgent and/or automatic response without any additional certification. The Service Provider can’t guarantee the quality of integration with 3rd party systems. The Provider strongly recommends the data to be interpreted by an adult, trained and reasonable persons.
    5. Data that are stored and logged are necessary data to ensure the correct and full functioning of The Service.
  7. Date of expiration of the Subscription plans and/or accounts
    1. Trial account automatically expires when the limited time duration is reached.
    2. Subscription plans automatically expire (usually after one or two years) if the time period is not prolonged by making another payment (custom Plan) or by purchasing a new Subscription Plan (standard Subscription plan).
  8. Prolonging The Service, blocking The Service, deleting Data
    1. At the Date of the expiration the account can be blocked by The Provider.  By blocking the account, The User cannot access the account.
    2. The Provider guarantee to store data related to the account 30 days after the date of expiration.
    3. During the 30 days after the date of expiration, the service can be fully restored or prolonged. To do so, it is necessary to contact your HW group distributor or The Provider. The new prolonged period is calculated from the Date of Expiration.
    4. More than 30 days after the date of expiration, currently existent data can be deleted and all connected devices can be disconnected. The account and stored data can be lost.
  9. Rights and Responsibilities
    1. The User may cancel their account without any compensation at any time.
    2. The Provider reserves the right to block or cancel any account within The Service without any compensation if:
      • The Service is not properly purchased; i.e. from SensDesk E-shop, HW group distributors, or from The Provider
      • the account is used for illegal activity or activity that violates commonly accepted ethical and moral standards;
      • The User attempted to log in as another User without their knowledge or if The User attempts to disrupt the functionality and data of The Service;
      • the User violates any terms and conditions in connection with The Service, applicable laws or ethical and moral standards;
      • The Service is terminated.
    3. The Provider reserves the right to limit The Service, temporarily and for a necessary time, mainly due to updates and maintenance of the service. As a result, some or all of the essential features of The Service may not work for a temporary period, e.g., the online service web interface may not be available.
    4. The Provider assumes no liability for adverse effects of force majeure events which can result in limitation or unavailability of The Service.
    5. The Provider guarantees the maximum possible effort to maintain data continuity and availability of The Service.
    6. The provider is not responsible for:
      • any damages (incl. health damages) suffered by The User as a result of data usage;
      • unavailability or limited availability of The Service;
      • delivery or failed delivery of messages and alerts;
      • transmission or failed transmission of messages and alerts (for example SMS Alerts or phone-call alerts);
      • functional and billing aspects of third-party services
        (e.g. the Internet, Narrowband and other connections or the text messages sent through the connected devices or services);
      • correctness of information passed to The User;
      • correctness information provided by The User
      • correctness and storage of saved or unsaved data;
      • damages arising from the use and/or interpretation of provided information and data;
      • abuse of information and data stored at The Service;
      • any disclosure, theft, loss, or damage of data linked to The User account;
      • changes in The Service functions and graphic interface without notice;
      • any other effects arising in connection with the use of The Service;
      • inappropriate or not fully configurated network, which can result in preventing the use of protocols and thus in limited functionality of The Service;
  10. Privacy policy
    1. In storing and processing of personal data of The Users and other Data Subjects, The Provider proceeds in accordance with legal regulations of the European Union and the Czech Republic;
    2. The purpose of Privacy Policy is to fulfill the obligation to inform The User with respect to Data Subjects arising from Regulation (EU) of the European Parliament and of the Council No 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as amended (“GDPR”);
    3. Personal Data of The User will not be disclosed to third parties in the form of a publicly accessible list. Please note that due to the way of functioning of the service, your Personal Data may be accessible by other third parties to ensure full functionality of The Service or by other Team members.
    4. The Provider is entitled to process the User’s Personal Data (mainly e-mail addresses linked to The User´s account) in order to ensure the full functionality of the service. 
    5. The Provider is further entitled to anonymize/use Personal Data for statistical and analytical purposes.
    6. The Provider has appointed a person in charge of the protection of personal data, who may be contacted using the contact form available on www.sensdesk.com
    7. The Provider is entitled to send e-mail messages to the e-mail address provided by The User (e-mail linked to the account); SMS/MMS messages to phone numbers provided by The User, concerning any information, news, changes, events, or facts directly related to The Service.
    8. In the case of account expiration, termination, account inactivation, account blocking, The Provider is entitled to use all available personal data that can be used to inform the user in case of unreachability on admin e-mail address i.e. e-mail addresses related to the account, e-mail addresses of all Team account users, e-mail addresses sourced from all communication history with the user or users company (for example Google e-mail accounts,  Microsoft Outlook e-mail accounts and like), all phone numbers connected to the account, etc. 
    9. The Provider agrees not to monitor or modify data stored in The User account, with an exception of The Service maintenance and operation and authorized requests under the laws of the Czech Republic.
  11. Final provisions
    1. The Provider reserves the right to change these Terms and Conditions of Use and/or the above-mentioned services even without prior notice.
    2. Unless agreed otherwise, any legal relationships arising between The User and the Provider are governed by the laws and regulations of the Czech Republic.
    3. By using The Service, the user agrees with the Terms and Conditions of Use of the SensDesk.com stipulated above.

HW group s.r.o
Rumunska 26
120 00  Prague 2
Czech Republic
CIN: CZ 27096963