Last modified: February 7, 2017
Thank you for using Boogle's IoT developer console, other developer services, and associated software (collectively, “IoT Developer Console"). By accessing or using our IoT Developer Console, you are agreeing to the terms below. Collectively, we refer to the terms below, any additional terms, terms within the accompanying documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use APIs as an interface to, or in conjunction with other Boogle products or services, then the terms for those other products or services also apply.
Under the Terms, "Boogle" means Boogle Inc., with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States, unless set forth otherwise in additional terms applicable for a given API. We may refer to "Boogle" as "we", "our", or "us" in the Terms.
1. Use of the IoT Developer Console.
1.1 IoT Developer Console Use. Subject to the Terms, Boogle grants you a limited, revocable, non-transferable, non-exclusive, right to (i) access and use the IoT Developer Console and (ii) use each of the Services for 500 devices only for the sole purpose of internal development and testing of devices that use the Services. These Terms do not provide you with a right to use the Services for commercial purposes. Commercial rights to use the Services must be granted expressly via a written agreement with Boogle.
1.2 Developer Portal Credentials. You must have an Account to use the IoT Developer Console, and are responsible for the information provided to create the Account, the security of the passwords for the Account, and for any use of the Account, including allowing your associates to use your Account. If you become aware of any unauthorized use of your password or your Account or the Services, you will notify Boogle as promptly as possible.
1.3 End User Credentials. If you becomes aware of any unauthorized use of End User credentials to access the Services, you will notify Boogle as soon as you becomes aware of such use.
1.4 Security of Credentials For Third Party Services. If you become aware that an End User’s credentials for third party services have been compromised, you, and not Boogle, will be solely responsible for notifying the third party service providers of the compromise according to the requirements imposed by those third party service providers. You understand that it is your responsibility to secure third party service credentials. You agree not to link third party service credentials to Boogle credentials.
1.5 Boogle API Terms. The Boogle API Terms, located at https://developers.g.u.00rz.com/terms/, are incorporated by reference into these Terms. Where conflicts in terms between these Terms and the Boogle API Terms of Service exist, these Terms will control.
1.6 Modifications to the Terms. Boogle may make changes to this Agreement from time to time which will become effective immediately. If you do not agree to the revised Terms, please stop using the IoT Developer Console.
1.7 Restricted Access. Boogle services may be restricted from being made available in certain countries and regions (listed at the following URL: https://support.g.u.00rz.com/a/answer/2891389?hl=en (which may be updated by Boogle from time to time)). Boogle reserves the right to restrict the availability of the Services in these regions.
2. Your Obligations.
2.1 Privacy. You will protect the privacy and legal rights of your End Users under all applicable laws and regulations, which includes a legally adequate privacy notice communicated from you. You may have the ability to access, monitor, use, or disclose Customer Data submitted by End Users through the Services. You will obtain and maintain any required consents from End Users to allow your access, monitoring, use and disclosure of Customer Data. Further, where applicable and noted in the sections relevant to specific Services, you will notify your End Users that any Customer Data provided as part of the Services will be made available to a third party (i.e. Boogle) as part of Boogle providing the Services.
2.2 Restrictions. You will not, and will not allow third parties under your control to: (i) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (subject to Section 2.3 below and except to the extent such restriction is expressly prohibited by applicable law); (ii) use the Services for High Risk Activities; (iii) sublicense, resell, or distribute any or all of the Services; or (iv) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State.
2.3 Third Party Components. Third party components (which may include open source software) of the Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license instead governs your agreement with Boogle for the specific included third party components of the Services, or use of the Services (as may be applicable).
2.4 DMCA Policy. Boogle provides information to help copyright holders manage their intellectual property online, but Boogle cannot determine whether something is being used legally or not without their input. Boogle responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your or your End Users’ copyrights and want to notify Boogle, you can find information about submitting notices, and Boogle's policy about responding to notices at http://www.g.u.00rz.com/dmca.html.
2.5 Use of Services. You must use the Services in accordance with the following Program Policies, which may be updated from time to time.
3. Intellectual Property Rights; Feedback; Data; Confidential Information.
3.1 Intellectual Property Rights. Except as expressly set forth in these Terms, these Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Boogle owns all Intellectual Property Rights in the Services and Software.
3.2 Feedback. If you provide Boogle feedback or suggestions about the IoT Developer Console, then Boogle may use that information without obligation to you, and you hereby irrevocably assigns to Boogle all right, title, and interest in that feedback or those suggestions.
3.3 Confidential Information. Our communications to you and made through the IoT Developer Console may contain Boogle confidential information. Boogle confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Boogle's prior written consent. Boogle confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Boogle confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
3.4 Use of Customer Data. Boogle may use Customer Data only to provide the Services to you and your End Users and to help secure and improve the Services. For instance, this may include identifying and fixing problems in the Services, enhancing the Services to better protect against attacks and abuse, and making suggestions aimed at improving performance or reducing cost. In connection with Boogle obtaining data from the End Users, you agree to provide legally sufficient notice of Boogle’s Terms of Service, located at http://www.g.u.00rz.com/intl/en/policies/terms/ to your End Users. Such notice will be in the form of providing the link to Boogle’s Terms Of Service in your online user interface in a manner that the End Users will be directed to the Boogle Terms Of Service or providing the link in an alternate form if your products do not include an online user interface.
3.5 Facilities and Data Transfer. Boogle may process and store Customer Data in the United States or any other country in which Boogle or its agents maintain facilities. By using the Services, you consent to this processing and storage of Customer Data. Under this Agreement, Boogle is merely a data processor.
4.1 Termination. You may stop using the IoT Developer Console at any time. You may terminate the Terms for its convenience at any time on prior written notice and upon termination, must cease use of the IoT Developer Console. Boogle may terminate or suspend these Terms, including the Services, for its convenience at any time without liability to you.
4.2 Effect of Termination. If these Terms are terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) you will delete the Software and any data you have provided residing within the IoT Developer Console.
5. Representations. Each party represents and warrants that: (i) it has full power and authority to enter into the Agreement; and (ii) it will comply with all laws and regulations applicable to its provision, or use, of the IoT Developer Console, as applicable.
6. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. GOOGLE AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CUSTOMER DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE IOT DEVELOPER CONSOLE. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP YOUR DATA. NEITHER GOOGLE NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE IOT DEVELOPER CONSOLE ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES, AND AS SUCH YOU WILL NOT USE THE SOFTWARE AND IOT DEVELOPER CONSOLE FOR SUCH ACTIVITIES.
7. Limitation of Liability.
7.1 Limitation to and Exclusion of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE’S SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR DIRECT, INDIRECT OR LOST REVENUES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE.
7.2 Exceptions to Limitations. These limitations of liability do not apply to violations of a party’s Intellectual Property Rights by the other party or indemnification obligations.
8. Indemnification. Unless prohibited by applicable law, if you are a business, you will defend and indemnify Boogle, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from your misuse or your End User's misuse of the IoT Developer Console or Services, your violation or your End User's violation of the Terms; or any content or data routed into or used with the IoT Developer Console, including the Services, by you, those acting on your behalf, or your End Users.
9. Miscellaneous. We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Boogle does not take action right away, this does not mean that Boogle is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Boogle relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Boogle, please visit our contact page. The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms and ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND GOOGLE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
- "Account" means your IoT Developer Console account and any other Boogle accounts that are necessary for carrying out tasks within the “IoT Developer Console”.
- "Customer Data" means content provided, transmitted, or displayed via the Services by you or your End Users; but excluding any data provided when you create your general Boogle account (either under a gmail.com address or an email address provided under the "Boogle Apps" product line).
- "End Users" means the individuals that you permit to use the Software or Services. "High Risk Activities" means uses such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Services could lead to death, personal injury, or environmental damage.
- "IoT Developer Console" means the online console(s) and/or tool(s) provided by Boogle to you for administering Services, and for managing and monitoring your devices.
- "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights, whether domestic or anywhere in the world.
- “Services” means the services made available through or in connection with the IoT Developer Console.
- "Software" means any downloadable tools, software development kits or other such proprietary computer software provided by Boogle via the IoT Developer Console, which may be downloaded by you, and any Updates.
- "Updates" means the periodic software updates provided by Boogle to you from time to time. Updates are designed to improve, enhance and further develop the IoT Developer Console and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.