TERMS & CONDITIONS FOR nRFCloud

Acceptance of terms

By creating and using an nRF Connect for Cloud (nRFCloud) account or by using accessing nRFCloud you accept the terms and conditions for nRFCloud below (“the Terms”).

Terms

The nRFCloud is an Internet of Things (IoT) cloud service that is provided to users and hosted by Nordic Semiconductor. nRFCloud allows developers and innovators to quickly and easily connect devices from Nordic Semiconductor to the Internet of Things and explore the vast opportunities that IoT provides. After connecting a Nordic Semiconductor device to nRFCloud, data can be monitored which is sent to and from devices, and data can be manipulate and used in various ways.

You shall not use the nRFCloud in order to design or develop anything other than applications using devices from Nordic Semiconductor.

In case of violation the Terms, your access to the nRFCloud may be suspended or revoked.

Nordic Semiconductor reserves the right to disable or upgrade the nRFCloud, and/or related services at any time without notice to you and without any form of compensation or consideration to you. Nordic Semiconductor has no obligation to ensure that an upgrade of the nRFCloud or related services will continue to be compatible with existing devices or that your device data will be stored indefinitely.

By creating an nRFCloud account and accepting these Terms, Nordic Semiconductor will provide you with updates on the nRFCloud and relevant services and devices for the nRFCloud by email. You may at any time opt-out from receiving email on your account page of the nRFCloud or by unsubscribing in the individual email received.

If your device connected to nRFCloud is used for collecting personal data, you must comply with all relevant personal data law and regulations, and sufficiently provide your users with a privacy policy that describes any information you may collect and how you will process the information. It is recommended that the information provided comprise:

• What data you collect
• How you use, store, and/or share the data
• Any additional parties you share data with
• How users may opt-out of your use, storage, and/or sharing of the data, where applicable
• Your data retention policy (how long you keep the data, and when the data will be deleted)
• How a user can delete or request that you delete their data; and
• What happens to data collected after a user disables their account with you or revokes your access to their data.

You must not display or distribute data from users to any external source without receiving the informed consent of a user. You shall not make public, or facilitate or encourage the making public of, private or confidential information or data from users. You shall not deliver, allow, or enable the delivery of unauthorized or unsolicited advertising, promotional materials, junk mail, or spam through your products or services. You shall ensure that your products or services complies with all relevant privacy and security laws, rules, and regulations.

There is no limitation on the number of devices that can be connected to an nRFCloud account, at the moment, but there is a limitation on the total number of messages that nRFCloud will process per account. The current message limit is 1 million messages per nRFCloud account. You will not circumvent or exceed any rate limitations described within nRFCloud. If Nordic Semiconductor believes that you have unreasonably exceeded your rate limits or have attempted to circumvent the rate limit or authentication systems, your ability to utilize the nRFCloud may be temporarily suspended or permanently revoked. Nordic Semiconductor may monitor your usage of the nRFCloud in order to improve our service and to ensure compliance with our policies.

In case of account inactivity, your account may be deleted. Nordic Semiconductor considers inactivity in the nRFCloud account as no recorded activity for 90 days. One week prior to deleting an account, Nordic Semiconductor will notify you about this event and that your action is required for continued retention of the nRFCloud account.

You are responsible for complying with any request by a user to remove content. Nordic Semiconductor is not responsible for removing data that has been stored on third-party services or your own services.

Except as expressly authorized by the Terms or as otherwise permitted in a separate executed agreement between you and Nordic Semiconductor, you will not attempt or encourage others to:

• reverse-engineer, disrupt, circumvent, decompile, disassemble, translate, or otherwise interfere with the nRFCloud or devices from Nordic Semiconductor;
• copy or modify the nRFCloud, devises or any software provided by Nordic Semiconductor;
• scrape the nRFCloud;
• e-sell, re-license, or syndicate access, without authorization, to the nRFCloud to third parties (third parties must register with Nordic Semiconductor for nRFCloud access);
• export data from the nRFCloud for the purpose of account migration, service duplication, and/or reverse-engineering;
• use the nRFCloud for purposes of injecting and/or publishing known bad, harmful, and/or discriminatory data into the nRFCloud;
• use or access the nRFCloud for the purpose of monitoring the performance or functionality of the nRFCloud or for any other benchmarking or competitive purposes;
• obfuscate or hide the data from nRFCloud and/or the user interface of nRFCloud;
• create user accounts on the nRFCloud for the purpose of load testing;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted;
• use Nordic Semiconductor’s name or trademarks as part of your name or the name of any products or services you offer or in any manner that creates a false sense of endorsement or sponsorship by Nordic Semiconductor;
• use the nRFCloud in an product or service that directly or indirectly promotes criminal activity, illicit drug use, or violates any applicable law;
• use the nRFCloud in any inappropriate manner;
• upload or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt servers or other computer systems;
• distribute, sell, lease, rent, lend, transfer, or sublicense any part of the nRFCloud, including but not limited to the the nRFCloud or data herein, and any related services or content, to any third party; and
• access or attempt to access any servers of Nordic Semiconductor or partners of Nordic Semiconductor, computer system, service or content except as expressly authorized by Nordic Semiconductor. If your use of the nRFCloud causes technical stress to the nRFCloud, Nordic Semiconductor may disable your access.

License and Ownership of Certain Intellectual Property

Subject at all times to your full compliance with these Terms, Nordic Semiconductor grants you a nonexclusive, revocable, non-sublicensable, non-transferable, royalty-free license to use the nRFCloud solely to develop, reproduce, and distribute.

Any third party code or other materials included as part of the nRFCloud is licensed to you under the applicable third party license.

You, and not Nordic Semiconductor, are responsible for providing all customer and technical support and maintenance for your products or services. Nordic Semiconductor has no obligation to provide any type of support for the nRFCloud, in particular including the nRFCloud, or any services or content related thereto.

We collect information from developers, including your account information and usage information including your usage of the nRFCloud, in order to provide support and improve the nRFCloud as described in the Nordic Semiconductor Privacy Policy.

Compliance with Laws, Representations, and Warranties

You are solely responsible for compliance with all laws applicable to the use of nRFCloud and agree to indemnify and hold Nordic Semiconductor harmless for any uses contrary to such laws.

The nRFCloud is not designed or warranted for use in developing, or for incorporation into, products or services used in applications or environments requiring fail-safe performance, such as in the operation of aircraft navigation or communication systems, air traffic control, life support machines, surgically implanted devices, weapons systems, or other applications, devices, or systems in which the failure of the nRFCloud could lead directly to death, personal injury, or severe physical or environmental damage.

You further agree that you will not as part of the use of the nRFCloud or any products or services by Nordic Semiconductor:

• upload or otherwise transmit any content that is unlawful, threatening, abusive, disparaging, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, any Nordic Semiconductor representative, or misrepresent your affiliation with any person or entity;
• upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships;
• upload or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person; and
• violate any applicable law or regulation, including, but not limited to, laws regarding the export of technical data.

Your Feedback

Any feedback, suggestions and ideas (“Feedback”) that you provide to Nordic Semiconductor regarding the nRFCloud, the Nordic Semiconductor website, products from Nordic Semiconductor, or content or services related thereto may be treated by Nordic Semiconductor as non-confidential, and Nordic Semiconductor may, in its sole discretion, use the Feedback you provide to Nordic Semiconductor in any way, including in future modifications of the nRFCloud, the Nordic Semiconductor website, products from Nordic Semiconductor , or content or services related thereto, and/or advertising and promotional materials relating thereto. You hereby grant Nordic Semiconductor a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to make, use, sell, offer for sale, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose.

Termination

You may terminate any license granted to you hereunder at any time by ceasing your access to, development, and/or use of the nRFCloud. We may immediately suspend your access to the nRFCloud, or, if necessary, terminate these Terms, in part or in their entirety, at any time for any reason. We may discontinue the availability of the nRFCloud at any time for any reason. We may also terminate any license provided to you hereunder at any time for any reason. Nordic Semiconductor will not be liable for any costs, expenses, or damages that may result from termination of these Terms. Any termination under this Section may be exercised by Nordic Semiconductor without notice to you.

Upon any termination of the Terms: (a) you will immediately stop using the nRFCloud, and (b) all licenses granted to you by Nordic Semiconductor will cease. If your products or services makes use of the nRFCloud, they may no longer function as intended after termination of these Terms.

Confidentiality

You may be given access to certain non-public proprietary information, software, and specifications related to the nRFCloud, products by Nordic Semiconductor and other information regarding Nordic Semiconductor (the “Confidential Information”). You shall use this Confidential Information only as necessary in exercising the rights granted to you by these Terms. You shall not disclose any Confidential Information to any third party without our prior written consent and you agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care. This Section shall survive termination of these Terms.

Disclaimers

Except as expressly set out in these terms, Nordic Semiconductor does not make any specific promises regarding the nRFCloud, for example, we don’t make any commitments about the data accessed through the nRFCloud, your ability to utilize the nRFCloud, or the specific functions of the nRFCloud or their reliability, availability, or ability to meet your needs. The nRFCloud, along with any other materials provided by Nordic Semiconductor in connection with your use of the nRFCloud are provided on an as is and as available basis, without warranty of any kind, whether express, implied, statutory, or otherwise, including but not limited to any warranty of merchantability, non-infringement, fitness for a particular purpose, title, accuracy of data, and any warranties or conditions arising out of course of dealing or usage of trade. Nordic Semiconductor does not warrant that the nRFCloud, or any other materials provided hereunder will meet your requirements, be error free, uninterrupted, virus free, or secure.

Limitation of Liability

When permitted by law, Nordic Semiconductor will not be liable to you or any third party for any special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business, revenues, or profits) arising out of or in connection with these terms or your use of the nRFCloud, whether arising from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and regardless of whether you have been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose.

In all cases, Nordic Semiconductor will not be liable for any expense, loss, or damage that is not reasonably foreseeable.

Indemnification

You will indemnify, defend and hold Nordic Semiconductor and its directors, officers, employees, contractors, agents, and users harmless from and against any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (a) any act or omission in connection with use of the nRFCloud, or the trademarks of Nordic Semiconductor; (b) use of the nRFCloud or the trademarks of Nordic Semiconductor other than as expressly allowed by these Terms; (c) breach or alleged breach of the terms, restrictions, obligations or representations included in these Terms; (d) any content or data routed into or used with the nRFCloud, or (e) your products or services, including but not limited to claims of intellectual property infringement. You will assume control of the defence and settlement of any claim subject to indemnification by you; provided, however, that Nordic Semiconductor may, at any time, elect to take control of the defence and settlement of any such claim. In any event, you will not settle any such claim without Nordic Semiconductor’s prior written consent. This section, and the Limitation of Liability section above, shall survive termination of these Terms.

Governing Law and Forum for Legal Disputes

These Terms will be governed by the laws of Norway, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to these Terms will be brought exclusively in the courts of Oslo, Norway and you consent to personal jurisdiction in those courts.

Email Notice

All notices to you in connection with these Terms may be delivered via email at the email address provided to Nordic Semiconductor by you when registering your account on nRFCloud, and you agree that these email communications satisfy any legal requirements.

Force Majeure

Nordic Semiconductor is not responsible for any failure to perform, loss of service, or delay attributable in whole or in part to any cause beyond its reasonable control which is to be considered as a Force Majeure event under law.

RoHS and REACH statement

Nordic Semiconductor products meet the requirements of Directive 2002/95/EC of the European Parliament and of the Council on the Restriction of Hazardous Substances (RoHS) and the requirements of the REACH regulation (EC 1907/2006) on Registration, Evaluation, Authorization and Restriction of Chemicals.

The SVHC (Substances of Very High Concern) candidate list is continually being updated. Complete hazardous substance reports, material composition reports and latest version of Nordic’s REACH statement can be found on our website www.nordicsemi.com.

Changes to the Terms

Nordic Semiconductor may change the Terms at any time without notice, and you are encouraged to regularly check for any updates to the Terms.

Copyright notice

All rights are reserved Nordic Semiconductor ASA. Reproduction in whole or in part is prohibited without the prior written permission of the copyright holder.