Terms of Service

 
 

Effective Date: July 12, 2018

1.1. The Terms.

The RosHub Terms of Service (“Terms”) lay out the conduct you must engage in or avoid while using our Services, as well as your access to our services.  The RosHub Privacy Policy lets you in on how we collect, process, and use your information. By using our Services, you're agreeing to be bound by these Terms as well as our Privacy Policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.

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2.1. Definitions.

  1. Robot data source (“RDS”): any robot which collects or generates information [note: see 2.5 for acceptable types of data].

  2. RosHub web application: an internet-accessible application wherein users can monitor, add, and commute robot data streams.

  3. RosHub mobile application: a mobile phone-downloadable application wherein users can monitor, add, and commute robot data streams.

  4. RosHub device manager: management software which can can be downloaded onto a robotic operating system and managed via the web application or mobile application.

2.2 The Services.

The Services consist of the following items:

  1. RosHub provides storage and retrieval of robot-generated dat

    • Access to the RosHub web application.

    • Access to the RosHub mobile application.

    • A ccess to the RosHub device manager.  Robot owners use this feature to upload data streams from their RDS to be managed in either or both the RosHub web application or the RosHub mobile application.

  2. A robot data source confirmation by way of a two-part authentication mechanism.  RDS data is stored securely via a public-private key. Data shared from a RDS into our cloud requires an access key.

  3. A security scheme that ensures that only authorized robots can upload to and access information on the RosHub cloud.

  4. An authorization service which specifies the node to which a robot’s data is being connected and stored within.

2.3. Permissions.

2.3.1. Internal Permissions.

RosHub respects your privacy and will only engage in actions you have consented to.  For example, we need your permission to connect your robots to our cloud and store the information your robots send us. We need your permission to use your Google account.  These and other features may require our systems to access, store and scan your data. In using our Services, you grant your consent to us to carry out those tasks, and that consent extends to our affiliates and trusted third parties we work with.

2.3.2. External Permissions.

RosHub will grant viewership and management access to your devices only if you affirmatively grant that access in either the mobile application or the web application.  You understand that RosHub is not responsible for any consequences stemming from your inadvertent sharing of a device with an unintended recipient.

2.4. Your Use Of RosHub Cloud Services.

You may access the RosHub Cloud Services via the online RosHub web service, the RosHub mobile application, or the RosHub device manager on your robotic device. RosHub may modify its online web interface, mobile application, and Cloud. You agree that we may establish new procedures for your use of the Services, including as we deem necessary for the optimal performance of the Services.  You may not access RosHub services through means other than the online RosHub web service, the RosHub mobile application, and the RosHub device manager.

2.5. Acceptable Robot Data and Information.

You may not upload or store data on the RosHub cloud that:

  1. has been obtained through illegal means;

  2. is the product of unauthorized surveillance;

  3. intends to probe, scan, or test the vulnerability of the RosHub cloud or system;

  4. either attempts to or actually interferes with or disrupts any RosHub node or the cloud system, including but not limited to: sending a virus, overloading, or flooding any part of the Services;

  5. is fraudulent, defamatory, or misleading;

  6. qualifies as unlawfully pornographic or indecent;

  7. contains extreme acts of violence against human persons;

  8. is part of an effort to advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.

2.6. Login Privileges.

RosHub allows users to create and log into a RosHub account using their Facebook, Twitter, Github, or Google profile. You may not access the services using an external profile that does not belong to you. If we are notified that you are using someone else’s credentials, we will terminate your account and you will have thirty (30) days to remove your data from the cloud before we delete it.

2.7 Your General Data Protection Regulation (GDPR) Compliance.

In using the Services, you manifest that you:

  1. are aware of the GDPR,  

  2. have made an internal determination as to whether your operations trigger mandatory GDPR compliance by way of collection of personal information, and

  3. (if relevant) your operations actually comply with all requirements, documentation, and procedures under the Regulation.

2.8 Our GDPR Compliance.

We obtain client personal information as part of the signup agreement.  To purchase any Services operated by the company, you must submit your:

  1. full name,  

  2. contact email,  

  3. credit card information, and  

  4. (in some cases) the billing address associated with the credit card.

In registering for our Services, you agree via contract to allow RosHub to record and internally store the personal information listed above.

Under the GDPR's definition of "personal information," these four types of personal information are the only ones the company collects and stores at present.  We collect no additional data that can be said to be "an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person" (GDPR 4(1)).

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3.1. Legal Protection.

The Services are protected by US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Dropbox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

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4.1. License to use RosHub’s software.

RosHub’s core software (“Core Software”) is open source.  The Core Software is provided “as is,” without warranty of any kind, express or implied, including but not limited to the the warranties of merchantability, fitness for a particular purposes, and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the Core Software or the use or other dealings in the Core Software.

4.2. Software Download In Conjunction With Our Services.

We allow you to install software on your robot ("Service Software") to transfer data securely to our cloud.  This software may update automatically. So long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Service Software, solely to access the Services. RosHub may elect to remove you and your devices from cloud access at any time for any reason. To the extent any component of the Service Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

4.3. RosHub services are subscription-based.

4.3.1. Under a fixed-duration subscription, you agree to remunerate RosHub for its provision of some or all of the Services to you for a definite period of time.  You will need to pay greater per-gigabyte costs if your device uses more data than allotted by the tier you purchased; we will automatically bill any additional data at the next tier’s rate.  We will hold ourselves to any billing cycle agreed to by both us and the subscriber, although we may terminate the services if we suspect a violation of these Terms or of municipal, state, or federal law.  You may request alteration of the billing cycle, which will be considered by the company.

4.3.2. Under an uncertain duration subscription, you agree to remunerate RosHub for its provision of some or all of the Services to you for an indeterminate period of time, as paid in monthly or bimonthly increments.  You will need to pay greater per-gigabyte costs if your device uses more data than allotted by the tier you purchased; we will automatically bill any additional data at the next tier’s rate.  Either you or RosHub may terminate the relationship at any time. RosHub may increase the cost of its Services as applied to the next billing cycle. We will notify you on the site at least 30 days prior to any price change(s).

4.4. Billing.

By providing ROSHub with a payment method, you:

  1. Represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate;
  2. Authorize ROSHub to charge you for the Services or available content using your payment method; and
  3. Authorize ROSHub to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force.

We may bill you:

  1. in advance;
  2. at the time of purchase;
  3. shortly after purchase; or
  4. on a recurring basis for subscription Services.

Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't yet been processed.

4.5. Recurring Payments.

When you purchase the Services on a subscription basis, you agree that you are authorizing recurring payments, and payments will be made to ROSHub by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by ROSHub. By authorizing recurring payments, you are authorizing ROSHub to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account, or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, ROSHub or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.

4.6. Automatic Renewal.

If automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period.  We will remind you by email, or other reasonable manner, before any Services renew for a new term, and notify you of any price changes. Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.

4.7. Online Statement and Errors.

ROSHub will provide you with a billing statement via email, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund.

4.8. Refund Policy.

Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that ROSHub has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

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5.1. Modifying or Terminating Our Services.

We are constantly changing and improving our Services. We may add or remove functionalities or features.  We may decide to discontinue the Services in response to unforeseen circumstances beyond Dropbox's control or to comply with a legal requirement. If we discontinue Services in this way before the end of a Fixed-Duration Subscription you’ve already purchased, we'll refund the portion of the fees you have pre-paid but haven't received Services for.  If we discontinue all Services, we will give you thirty (30) days within which to remove your data from the Cloud. If you do not comply within this period of time, we may delete your data.

5.2. Business Use of RosHub Services.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify RosHub and its officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including all liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney fees.

5.3. User Content.

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.  We’ll use user-generated content stored on our site for only the following purposes: (1) as data points in analytics we develop internally (with your permission), and (2) possibly, in the future, to conduct automated analysis of your content to provide relevant product features, such as tailored advertising.

5.4. Choice of Law.

The laws of Washington, U.S.A., Washington’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of King County, Washington, USA, and you and RosHub consent to personal jurisdiction in those courts.

5.5. Waiver and Severability of Terms.

The failure of RosHub to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

5.6. Limitation on Liability.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ROSHUB NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF ROSHUB HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SERVICES; THE USE OR THE INABILITY TO USE THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE SERVICES); ANY INJURY OR DAMAGE TO COMPUTER OR ROBOTICS EQUIPMENT; INABILITY TO FULLY ACCESS THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROSHUB’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ROSHUB FOR GENERAL USE OF THE SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

5.7. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

5.8. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

5.9. Section Titles.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

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RosHub gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by RosHub as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.