Terms & Conditions of Sigfox Build
By using Sigfox Build, you certify that you are a professional and you fully accept and agree to the following Terms & Conditions.
If you do not agree, please refrain from using Sigfox Build.
WHAT DO THESE TERMS & CONDITIONS COVER?
These Terms & Conditions and conditions (the “Terms”) set out how you may use Sigfox Build.
Sigfox may update these Terms & Conditions from time to time and will inform you of any substantial changes. By continuing to use Sigfox Build after Sigfox has modified the Terms & Conditions, you agree to be bound by the modified Terms. If the modified Terms & Conditions are not acceptable to you, please cease using Sigfox Build.
Please read these Terms & Conditions carefully and regularly.
Any reference in the Terms & Conditions to “you” or “your” means You, as a registered business user, entitled to use Sigfox Build.
These Terms & Conditions apply to the use of Sigfox Build and do not extend to any associated third party sites.
Any rights not expressly granted herein are reserved.
WHO MAKES BUILDAVAILABLE TO YOU?
Sigfox Build is made available to you by SIGFOX S.A. (“Sigfox”). Please refer to the Legal Notices page for more information.
SHOULD I READ ANY OTHER INFORMATION OR TERMS?
Please also read the Sigfox Privacy and Cookies Policy, which explains how Sigfox uses any information about You, and the Terms & Conditions of Service which explain how you can benefit from the Sigfox online certification service.
These documents are and integral part of these Terms & Conditions.
WHAT IS Sigfox Build?
Sigfox Build is an online platform that enables visitors or registered business users:
- To access Information for the development of a device in order to connect it on the Sigfox network;
- To apply for Sigfox certification through the Sigfox Certification Process.
WHAT IS SIGFOX CERTIFICATION PROCESS?
Sigfox Certification means the certification that Sigfox has set up to qualify products and components that will operate on the Sigfox network. Sigfox has selected and qualified laboratories which you can contact and appoint to test your devices according to the Sigfox certification procedure. Devices that have fully implemented the specifications, protocols, and other design or requirements of the certification procedure, and where representative samples of such device has passed all applicable compliance testing procedures set forth in the Sigfox Certification Process, can be certified and obtain the relevant Sigfox Stamp.
Tests of the device performed by the laboratories in the framework of the certification program is subject to the laboratories Terms & Conditions and to the payment of fees corresponding to the service directly to the laboratories.
Once your device has been successfully tested, you can purchase online directly via Sigfox Build the Sigfox filing for certification and Stamp which constitutes the formal recognition that your device has fully implemented the specifications, protocols, and other design or requirements of the Sigfox Certification Process and authorizes you to use the logo “ Sigfox Ready” and unlocks your device limitation on Sigfox backend. The Terms & Conditions of this service are available here.
HOW CAN I USE Sigfox Build?
- HOW YOU MAY USE Sigfox Build:
Sigfox Build is intended solely for business purposes.
You can use Sigfox Build for lawful purposes and for the purpose of:
- Developing devices in order to connect them on the Sigfox network by describing and giving the characteristics of your project and your device (“Contributions”);
- Submitting your devices to the Sigfox Certification Process.
- HOW YOU MAY NOT USE Sigfox Build:
You may not use Sigfox Build in any way that violates any applicable local, national, or international law or regulation, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, and any laws, rules, and regulations governing the export of commodities or technical data.
You may not act in a manner to interfere with or disrupt the ordinary operation of Sigfox Build, including, without limitation, through the use of viruses, worms, Trojan horses, denial-of-services attacks, or other forms of harmful computer code.
HOW CAN SIGFOX USE MY CONTRIBUTIONS?
Upon checking the box in the sign up process or in the project description process , you authorize Sigfox to disclose as confidential information your contact details and/or Contributions to its Sigfox Operator operating in your location country and you may be contacted by Sigfox Operator with regards to your Contributions for Sigfox business needs located in the territory. Therefore, you grant Sigfox and any of its affiliates a non-exclusive, royalty-free license to use and copy your Contributions for this purpose. To learn more about the use of your personal data, please refer to the Privacy and Cookies Policy.
HOW DO I REGISTER? HOW DO I USE MY ACCOUNT?
Although certain sections of Sigfox Build may be viewed simply by visiting the public page of the Sigfox Online Certification Website, in order to access other content and/or services offered by Sigfox Build, you may need to register as a Member.
By registering, you represent and warrant to Sigfox that you have the full right, power and authority to enter into the Terms & Conditions.
You agree to provide accurate and complete information when registering on Sigfox Build and creating you profile. It is your responsibility to maintain and promptly update this account information and your profile and to keep them accurate and complete. If you provide any information that is fraudulent or inaccurate, or if Sigfox has reasonable grounds to suspect that such information is fraudulent, or inaccurate, Sigfox reserves the right to suspend or terminate your account without notice and to refuse any and all current and future use of Sigfox Build. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your account.
Registering on Sigfox Online Certification Website is subject to conditions as determined by Sigfox and may vary at Sigfox discretion from time to time.
You may not register for more than one account or register for an account on behalf of a company and/or an individual other than yourself.
You agree to immediately notify Sigfox of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access Sigfox Build using your account. You grant Sigfox and any of its affiliates the right to collect, transmit, store, and use your information in connection with the operation of Sigfox Build and with the provision of Sigfox services to you.
Sigfox Build may contain links to sites owned or operated by third parties. These links are provided for your convenience and reference only. Sigfox does not control such sites and, therefore, Sigfox is not responsible for any content posted on these sites.
HOW CAN I USE SIGFOX DOCUMENTATION AVAILABLE ON Sigfox Build?
Any diffusion and/or modification of any document available on the Sigfox Build is forbidden.
You may only use these documents for the purposes of Sigfox Build, and in accordance with the Terms & Conditions and may only provide your employees, directors, sub-contractors, professional advisers and affiliates’ employees on a strict "need-to-know" basis provided that they are bound by confidentiality obligation to hold this Information in confidence.
They shall ensure that the aforementioned people are bound to hold all information in confidence.
This article shall remain in full force and effect until the documents are in the public domain.
HOW DOES SIGFOX USE MY PERSONAL DATA?
You can learn how Sigfox uses your personal information in the Sigfox Privacy and Cookies Policy which forms part of the Terms.
WHO OWNS OR HAS RIGHTS ON Sigfox Build?
All copyright, trademarks, logos, design rights and other intellectual property rights (registered and unregistered) on Sigfox Build belong to Sigfox or any third party.
Sigfox reserves all rights in Sigfox Build.
Nothing in the Terms & Conditions grants you a right or licence to use any trade mark, logos, design right or copyright owned or controlled by Sigfox or any other third party except as expressly provided in these Terms & Conditions.
WHAT SHOULD I DO IF I HAVE COMMENTS OR SUGGESTIONS ABOUT Sigfox Build?
Sigfox welcomes and encourages you to provide feedback, comments and suggestions for improvements to Sigfox Build ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of Sigfox Build, or by other means of communication. You acknowledge and agree that all Feedback you give Sigfox will be Sigfox sole and exclusive property and you hereby agree to irrevocably assign to Sigfox all of your rights, titles, and interest in and to all Feedback, including without limitation all worldwide proprietary or intellectual property rights.
HOW DO THESE TERMS & CONDITIONS LIMIT SIGFOX’ LIABILITY?
Sigfox Build AND ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIGFOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. SIGFOX MAKES NO REPRESENTATIONS OR WARRANTY THAT Sigfox Build WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF Sigfox Build WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO SIGFOX MAKES ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Sigfox Build; SIGFOX DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE OBTENTION OF ANY CERTIFICATION REQUIRED THROUGHT Sigfox Build.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIGFOX BE LIABLE FOR any direct, indirect, incidental, special OR consequential damages, howsoever caused and whether or not such losses are foreseeable, even if that party has been advised (or is otherwise aware) of the possibility of such losses in advance, including, but not limited to, damages for loss of profits, loss of orders, loss of goodwill, of revenue, loss of data, cost of procurement of substitute goods or services, loss resulting from damage to image or reputation, or other intangible losses, resulting from: (i) the use or inability to use Sigfox Build (ii) any changes made to Sigfox Build; (III) ANY INFORMATION, CONTRIBUTION OBTAINED AND/OR TRANSMITTED THROUGH Sigfox Build, and (iv) any other matter relating to Sigfox Build. SIGFOX IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEBSITE LINKED TO FROM Sigfox Build.
YOU ACKNOWLEDGE THAT YOUR USE OF BUILDIS AT YOUR SOLE RISK. If you are dissatisfied with Sigfox Build and/or its content, your sole legal remedy is to discontinue using Sigfox Build.
MAY I BE HELD LIABLE FOR USING Sigfox Build?
You are liable for all use of Sigfox Build which could breach any of these Terms & Conditions and/or applicable law in your country.
You agree to defend, indemnify and hold harmless Sigfox from and against any and all claims, actions, demands, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of Sigfox Build, including, without limitation, your violation of these Terms, the infringement by you, or any other user of your account, of any intellectual property right or other right of any third party.
HOW MAY MY ACCOUNT BE SUSPENDED/TERMINATED ON Sigfox Build?
Sigfox reserves the right to modify, suspend or terminate your access to and use of Sigfox Build, or remove any of your Contributions, without notice, if Sigfox believes, in Sigfox’ sole discretion, that such use or any Contribution (i) is in violation of any applicable law; (ii) is harmful to Sigfox interests or the interests, including intellectual property or other rights, of third party; (iii) where Sigfox has reason to believe that you are in violation of these Terms & Conditions or (iv) at the closure of Sigfox Build.
WHAT OTHER (GENERAL) TERMS & CONDITIONSAPPLY?
Failure by either Party to enforce any provision of these Terms, whether permanently or temporarily, shall under no circumstance be construed as a waiver of the rights of the said Party under the same provision.
If any one of the provisions of these Terms & Conditions& Conditions was to be declared or considered as invalid or non-binding for any reason whatsoever, its invalidity shall not affect the validity or mandatory force of the other provisions included in these Terms, since the invalidity of the clause in question shall not modify the essential subject of these Terms. In such case, the parties agree to replace the cancelled clause by further, compliant provisions, in order that the parties' rights and obligations are not substantially modified.
You shall not assign, transfer, novate, encumber or sub-contract any of your rights and obligations under these Terms & Conditions without our prior written consent. Sigfox may freely assign, transfer, encumber or sub-contract any or all of its rights and obligations under these Terms.
These Terms & Conditions shall be governed and construed in accordance with the laws of France. The Parties consent to the exclusive jurisdiction of the Courts of Paris, France, for any dispute arising out of or related to these Terms, disregarding any inconvenience of venue or others.
WHAT CAN I DO IF I SEE ILLEGAL CONTENT ON Sigfox Build?
In the event you believe that any material or content published on Sigfox Build is illegal or infringes your intellectual property rights, please contact Sigfox at coordinates indicated in the Legal Notice.