Terms of Service 📚

Welcome to tingg the next generation data cloud service (tingg Service) that allows you to connect your IoT devices to the internet, to collect and visualize sensor data, powered by Telefónica Germany Next GmbH.

As an “IoT Device” we understand any technical device with an export function for the data it generates, be it (but is not limited to) with an internet or mobile network connection, Bluetooth or upload functionality as provided by the device you own and as described in the data sheet of the Device.

By registering for tingg you accept to have read, understood and comply with the following Terms and Conditions (Terms) that govern the whole process from registration of your account over the use of the tingg Services.

tingg 🦖

The tingg “Platform” shall mean the tingg Cloud for IoT prototyping and testing for developers, consisting of a set of interfaces, software-as-a-service offerings and platform-as-a-service offerings. The interfaces consist of a Web Interface and an Application Programming Interface (API). The software-as-a-service offerings consist of tingg Console https://console.tingg.io which is a web interface for connecting and managing iot devices and visualizing sensor data, and the Developer Documentation Center (http://docs.tingg.io). The platform-as-a-service offerings consist of tingg Developer Cloud, the core back-end application to connect smart devices and visualize data with web dashboards.

Registration ✍️

In order for a User to make use of the tingg Services, the User needs to register with the tingg Portal. With the confirmed registration tingg accepts the offer to conclude a free usage contract which will bind the parties to these terms and conditions.

The User warrants that information provided during the registration is true, complete and accurate. tingg reserves the right to approve or disapprove access to the tingg platform in its sole discretion. The User needs to register with his personal details, as required in the registration form for identification. These may include contact details such as E-Mail and some other data either mandatory or optional depending from the service needs. The User will also have to select a login name and define a personal password.

All the information provided must be true and understandable and will be the legal basis for the use of the data provided.

After registration tingg will verify the registration by sending out a confirmation E-Mail that has to be confirmed by the User within seven days. tingg reserves the right to delete the account in case the account is not verified after this time period. With the creation of a tingg account, the User will be granted access to the tingg Platform. It allows him to connect various IoT devices to his account, collect, store and visualize this data, manage his devices and interact with the tingg customer service.

Obligations of the User 👨‍💻👩‍💻

The User is responsible for his own conduct. Content in the Services may be protected by others' intellectual property rights. The User must not copy, upload, download or share content unless he has the right to do so.

tingg may review the User´s conduct for compliance with these Terms. With that said, tingg has no obligation to do so. tingg is not responsible for the use and the User conduct.

The User shall safeguard his password to the tingg Services, and keep his account information current and confidential. The User must not share his account credentials or give others access to his account.

The User warrants that he has the full legal power to connect the selected IoT-Devices and that he is the data owner of the data provided by these devices to tingg.

The User agrees not to misuse the tingg account or help anyone else to do so. For example, he must not even try to do any of the following in connection with the tingg:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services he hasn't been invited to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • abuse referrals or promotions to get more data than deserved;
  • sell the Services unless specifically authorized to do so;
  • violate the privacy or infringe the rights of others.

License 📃

Subject at all times to the User´s full compliance with these Terms, Telefónica Germany Next grants a nonexclusive, revocable, non-sublicensable, non-transferable license to use the tingg Platform and the Software as well as the API, only for the purposes set forth in these terms.

Liability 📃

In the event of intent or gross negligence, Telefónica shall have unlimited liability.

For slight negligence, the liability of Telefónica shall be limited to an amount of Euro 10.000,-- , as far as no essential obligations under this Agreement have been breached which are of particular importance for the achievement of the purpose of this Agreement (cardinal obligations). In this case the liability shall be limited to the contractual foreseeable damages.

Liability for loss of data shall be restricted to the typical efforts needed to restore the data that would have occurred with the regular and reasonable production of backup copies.

In respect to injuries of life, body and health, the Parties shall have full liability notwithstanding the aforementioned restrictions to liability.

Telefónica does not warrant or guarantee and disclaims all liability and responsibility for the reliability, correctness and compliance of the data provided and the reliance placed on such data and Services. All service usage through the User happens at his own risk. The User shall be aware that the data processed through tingg shall not be of a nature that allows to reliably assess, monitor or otherwise use the actual health status, locations or any other activity or IoT Device status. The data provided must not be used for professional purposes and Telefónica does not warrant the continuous and error free provision of any data. Any damages caused through reliance on the correctness or completeness of the data provided including damages to body, health and life that were caused due to the reliance of the data are explicitly waived.

Changes to the Services and to the data provision through tingg 🦖

Telefónica reserves the right to modify, enhance, further develop, change, add and remove features of tingg Platform from time to time particularly where this is customary in the industry, required by applicable law and regulations, or to optimize its services and the Platform as such.

The User is also obliged to inform Telefónica about any and all changes to his name, relevant contact details and business.

Term and Termination 🚪

This Agreement is concluded for an indefinite term and enters into force on the date of confirmed registration in the Registration process.

This Agreement can be terminated by either Party with immediate effect. The User can terminate either in writing or through his tingg account.

Each Party may terminate this Agreement with immediate effect, by notice given in writing by means of communication ensuring evidence and date of receipt (e.g. registered mail with return receipt, special courier), in case of a substantial breach by the other Party of the obligations arising out of this Agreement, or in case of exceptional circumstances justifying the earlier termination.

Furthermore, the Parties agree that the following situations for example shall be considered to justify the earlier termination by the other Party:

  • Sustained breach of an essential obligation under this Agreement by the other Party; or
  • Petition in insolvency or composition proceeding have been filed against the other PARTY; The other Party has filed a petition in insolvency or composition proceedings; or
  • The other Party has filed a petition in insolvency or composition proceedings; or
  • Infringement of the Agreement by the other Party so essential that reasonably, it cannot be expected from the terminating Party to further adhere to this Agreement.

After Termination for whatever cause tingg will cease to use any of such data and tingg has the obligation to delete any data attributed to the User. Telefónica accepts no liability for any disadvantage caused or any data loss caused to the User through the affected usability of the Service. All decisions about how to treat his data are subject to the Users own risk.

Data Protection and Safety 🔒

Data Security and protection is key to tingg´s Services. We are strictly compliant with the current data protection legislation and only use and process the User data according to the needs for the service provision or as permitted by the law or mandated by the User. For further details about tingg´s data protection, please refer to the Data Protection Policy as being linked hereunder

Use of the tingg platform and data may be subject to restrictions on rate limit, use cases, and method calls. The User will not circumvent or exceed any rate limitations. If Telefónica believes that the User has unreasonably exceeded rate limits or has attempted to circumvent the rate limit or authentication systems, his ability to utilize the tingg data interface may be temporarily suspended or permanently revoked. Telefónica reserves the right to also partly suspend the provision with data acquired from certain IoT Providers if ordered so by these companies.

Changes to these Standard Terms ✉️

Telefónica reserves the right to amend these T&C from time to time to cover changes to its services as for example the adding or removing of certain features or to adjust these T&C and the services to changes in applicable law and regulations and to adjust the obligations of the parties accordingly. Telefónica will inform the User in writing either via email or by posting changes in the platform at least two weeks in advance of (a) such changes, (b) of Publisher’s right to object such changes and (c) of the fact that unless User objects, such updated T&C will become effective upon expiry of the two weeks’ period.

The foregoing only applies to changes that are not material to the Agreement i.e. that they do not affect the parties’ rights and obligations in a way that the original understanding between the parties is more than just insignificantly affected.

If User objects to a proposed change of these T&C, the then agreed version of the T&C will remain in effect. However, either party will be entitled to terminate the Agreement with two weeks’ notice.

Notices

All notices shall be in writing and addressed to the party to be served at the respective addresses or Email addresses set forth in the preamble of this Agreement.

Entire Agreement

This Agreement, any schedules or exhibits hereto constitute the entire understanding and agreement between the parties relating to the subject matter hereof and supersedes all prior or contemporaneous oral or written representation, understanding, agreement or communication relating thereto. Telefónica accepts no counter offer and/or other terms and conditions.

Amendments and Waiver

Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only in the form of a non-electronic record referencing this Agreement and signed by the Parties hereto.

Force Majeure

Neither Party shall be deemed in default hereunder, nor shall it hold the other Party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to circumstances beyond the party’s reasonable control such as for example earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events.

Governing Law

The Parties agree that this Agreement, and any disputes arising out of or related to this Agreement, shall be governed by, construed, and enforced in all respects in accordance with the laws of Germany. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. For all disputes arising out of or related to this Agreement, the Parties submit to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of Munich (Landgerichtsbezirk I), Germany.