Terms and Conditions

1. Acceptance of Terms

By accessing or using Melqart Systems' Industrial IoT platform and services ("Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Service Description

Melqart Systems provides an Industrial IoT platform that enables connectivity, monitoring, and management of industrial equipment and assets. Our Services include:

• Cloud-based and on-premise IoT platform software
• Telematics hardware and IoT devices
• Data analytics and reporting tools
• API access and integration capabilities
• Technical support and professional services

3. Account Registration and Security

3.1 Account Creation

You must create an account to use our Services. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

4. Subscription and Payment

4.1 Subscription Plans

Our Services are offered through various subscription plans with different features and pricing. Specific terms for your subscription are outlined in your service agreement.

4.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We reserve the right to change pricing with 30 days notice
• Failure to pay may result in service suspension or termination

5. Data Ownership and Usage

5.1 Your Data

You retain all ownership rights to the data you input into our platform, including equipment telemetry, operational data, and business information ("Customer Data"). We do not claim ownership of Customer Data.

5.2 License to Use Data

You grant us a limited license to use Customer Data solely to provide and improve our Services. We may use aggregated, anonymized data for analytics and product development.

5.3 Data Portability

You may export your Customer Data at any time through our platform's export features or API access.

6. Acceptable Use Policy

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Reverse engineer, decompile, or disassemble our software
• Remove or modify any proprietary notices or labels
• Use the Services to transmit malware or harmful code
• Violate any applicable laws or regulations

7. Intellectual Property

7.1 Our IP

The Services, including all software, designs, text, graphics, and other content, are owned by Melqart Systems and protected by intellectual property laws. You receive a limited, non-exclusive license to use the Services.

7.2 Open Source

Certain components of our Services may be provided under open source licenses. Those components are governed by their respective open source licenses.

8. Service Level Agreement (SLA)

We strive to maintain high availability of our Services. Specific uptime guarantees and remedies are outlined in your service agreement. We do not guarantee uninterrupted access and are not liable for downtime due to maintenance, updates, or circumstances beyond our control.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our Services will perform substantially in accordance with our documentation. Hardware products are covered by a separate hardware warranty.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MELQART SYSTEMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Melqart Systems from any claims, damages, losses, and expenses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

12. Term and Termination

12.1 Term

These Terms remain in effect while you use our Services. Your subscription continues until cancelled by you or terminated by us.

12.2 Termination

Either party may terminate the agreement with written notice. We may suspend or terminate your access immediately for violation of these Terms or non-payment.

12.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. You may export your Customer Data within 30 days of termination, after which we may delete it.

13. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through our platform. Continued use after changes constitutes acceptance of the modified Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of [Jurisdiction]. Any disputes shall be resolved through binding arbitration in accordance with [Arbitration Rules], except that either party may seek injunctive relief in court.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Melqart Systems
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any right does not constitute a waiver
• Assignment: You may not assign these Terms without our consent
• Force Majeure: We are not liable for delays due to circumstances beyond our control

16. Contact Information

For questions about these Terms, please contact us: