The completion of the order form or the contract for the purchase of the service, directly on the planetwatch.io website or through the App, determines the acceptance of this license agreement and all its terms and conditions by each of the Customers.
The provision of the service will begin when the license is activated in the manner described on the site or on the App at the time of signing the order form or purchase contract.
PREMISES AND DEFINITIONS
– Planetwatch® is building a network of sensors and people eager to participate in a global effort to achieve more effective environmental monitoring. The network delivers a large body of air quality data, almost in real time. Such a dataset is built out of data flows sent by sensors connected to Planetwatch. Planet token rewards are then issued in exchange for valid data streams, based on a number of parameters as explained in our White Paper available online at https://planetwatch.io/white-paper/index-h5.html?page=1.
– Planetwatch® issues non-exclusive license, which grant the licensee the right to connect approved air quality sensors to the Planetwatch network®, participating at the same time in the Token Rewards program described in the White Paper.
In these License Agreements, the following expressions have the following meanings:
– “License” means the non-exclusive right to connect to the Planetwatch network®, its own Air Quality Sensor (information on sensors compatible with the User License is published on the planetwatch.io website), participating at the same time, in the Token Rewards program,.
– “Database” means the digital archive containing encrypted air quality data, recorded on the Algorand Blockchain;
– “General Terms of Service” or “GTS” means the general terms and conditions of the service offered by Planetwatch® sas.
– “Map” means the air pollution map accessible from the planetwatch.io website and from the Planetwatch® mobile application;
– “Planetwatch® Network” means a network of sensors and people who are keen to participate in a global effort to deliver more effective environmental monitoring. Out of this effort, the key deliverable is an extensive body of hyperlocal, near real-time air quality data.
– “Personal use” means the non-commercial use of the user license which excludes the sale, resale, loan, transfer or other form of assignment;
– “Licensee” means the natural or legal person indicated in the order form or in the purchase contract that holds the license;
– “Licensor” means the Planetwatch sas company® with registered office in Technoparc, 50 rue Gustave Eiffel, 01630 St. Genis-Pouilly, France;
– “Approved Sensors” means the air quality sensors expressly indicated and identified on the planetwatch.io website, compatible with the Planetwatch network®and able to send data to the Planetwatch Database®.
– “Algorand Account” means the address of the Algorand wallet linked to the holder of the user license and where the Planet tokens earned via the Licensee’s Approved Sensor are accumulated;
– “Server” means the server of the Licensor or of a third party designated by the Licensor on which Planetwatch® software is installed;
– “Subscription period” means, for each license issued, the period indicated in the order form or in the contract for the purchase of the service, without prejudice to the provisions for early termination set out below.
– “Planet Token” means the utility token issued by PlanetWatch on the Algorand blockchain. Planets are earned when a sensor sends valid air quality data to Planetwatch.
– “Token Model“, means the Rewards program created by Planetwatch, which, upon the transfer of the data generated by Approved Sensors, allows Licensees to accumulate Tokens to be used in the future for the purchase of PlanetWatch products and services.
Having said all this, the following is agreed:
Article 1. Introduction and notes
1.1 The premises and the notes are an integral and substantial part of these License Agreements.
Article 2. Grant of License, Rights and Limits of Use
2.1 The Licensor grants the Licensee the non-exclusive right to access and use the services provided through the “Planetwatch®” App, as well as the right to connect their Approved Sensor, including the participation in the Token Rewards program, receiving “Planet” tokens in the Algorand wallet linked to the User License, for the entire Subscription Period.
2.2 The License Subscription Period is indicated at the time of purchase. Upon expiry, a license renewal can be purchased.
2.3 The Subscription Period will begin to run from the moment the License is activated according to the activation procedure reported on the planetwatch.io website or on the PlanetWatch App. PlanetWatch reserves the right to create a Loyalty program which requires the activation of the license. In this case the license will be considered activated but the subscription period will only start when the license is first connected with a Planetwatch approved sensor.
2.4 The Licensee can access and query the Planetwatch® website or App at any time and for any reason, verifying the validity of his license.
Article 3. License fee
3.1 In consideration of the licensing described in these Agreements, the Licensee must pay the license fee as indicated in the price list published on the planetwatch.us website at the time of purchase.
3.2 The license fee and any other amount payable by the Licensee to the Licensor, pursuant to this Agreement, are net of all foreign and domestic taxes, which if deemed applicable, will be invoiced to the Licensee and added to the license fee.
Article 4 – Special conditions for use of approved sensors
4.1 For the regular functioning of the License, the Licensee must use only one of the approved sensors whose list is constantly updated on the planetwatch.io website.
4.2 The Licensee is aware that in order to use the licensed services and rights, the Licensee must:
A) CONNECT THE SENSOR TO THE ELECTRICITY NETWORK TO ALLOW ITS OPERATION AND / OR RECHARGE;
B) CONNECT THE SENSOR TO THE INTERNET, FOR THE TRANSMISSION OF ENVIRONMENTAL QUALITY DATA;
C) REFRAIN FROM TAMPERING OR MANIPULATING THE AIR QUALITY DETECTION EQUIPMENT IN ANY WAY AND / OR WITH ANY MEANS.
4.3 ANY DEFECT OR MALFUNCTION OF THE APPROVED SENSOR THAT DOES NOT ALLOW THE REGULAR USE OF THE LICENSE MUST BE COMMUNICATED TO THE MANUFACTURER AND/OR SELLER OF THE PRODUCT. PLANETWATCH CANNOT IN ANY WAY BE HELD RESPONSIBLE FOR THE FAILURE TO USE THE SERVICES INCLUDED IN THE LICENSE BECAUSE OF SENSOR MALFUNCTIONING.
Article 5 – Transfer of collected data and exploitation rights.
5.1 By activating the license and connecting its Approved Sensor to the Planetwatch network, the Licensee expressly accepts the following conditions:
1) ALL ENVIRONMENTAL DATA COLLECTED BY THE EQUIPMENT combined with one or more licenses, isgranted for exclusive use to the Licensing company PLANETWATCH® sas until the expiry of the LICENSE period;
2) With the activation of the license, the Licensee expressly acknowledges that Planetwatch sas will have the right to exploit, even commercially, the data transmitted by the Approved Sensor.
3) The Licensee will continue to have the RIGHT TO VIEW, STORE AND PUBLISH THE DATA GENERATED BY ITS SENSORS FOR PERSONAL USE ONLY, WITH EXPRESS PROHIBITION OF USE FOR PROFESSIONAL AND / OR COMMERCIAL PURPOSES.
4) The Licensee may in no case MAKE COMPLAINTS and / or CLAIM the use of the data transferred exclusively to PLANETWATCH® sas, even if generated by its own Sensor.
5.2 IN THE EVENT OF A BREACH OF THIS ARTICLE, PLANETWATCH® SAS RESERVES – AT ITS SOLE DISCRETION – THE RIGHT TO SUSPEND THE LICENCE AND IN THE MOST SERIOUS CASES TO TERMINATE THIS AGREEMENT, WITH IMMEDIATE INTERRUPTION OF THE CONNECTION OF THE APPROVED SENSOR AND PARTICIPATION IN THE TOKEN REWARDS SCHEME.
Article 6 – Token Rewards
6.1 Approved Sensors when linked to a valid User License, can earn Planet tokens in return for valid data streams as described in the White Paper.
6.2 From the moment of activation of the License and Correct installation of the Approved Sensor as indicated in Article 4, the Licensee will participate in the Token Rewards Program, according to the conditions described in the White Paper published on the planetwatch.us website and the license time will start.
6.3 The actual amount of tokens earned through the rewards program may vary for causes not dependent on Planetwatch, such as power outages or disconnection from the power grid, insufficient battery charge, device malfunction, lack of internet connectivity, etc.
6.4 In all these cases, PLANETWATCH® is not responsible for a reduced amount of tokens accumulated on the Customer’s account, who cannot ask for any compensation.
6.5 The Licensee expressly declares to know and approve the reward system published on the Planetwatch® website.
6.6 Planetwatch® reserves the right to disconnect from its network and terminate participation in its rewards program any sensor that appears to be installed in unsuitable places and / or used for the sole purpose of earning rewards. Examples include:
6.6.1. Sensors intended for outdoor use which appear to be installed indoors or vice-versa,
6.6.2. More generally, all sensors that appear to be installed in inappropriate locations, eg. near sources of pollution, in places with reduced air circulation, etc.
6.6.3. Two or more sensors of the same type operated by a single user in close proximity to each other, so that their aggregated data provides essentially the same information as obtained from the data of a single sensor
Article 7. Liability of the Licensee
7.1 Licensee may not:
7.1.1 remove or alter the Licensor’s copyrights and other usage notes as they appear in the Planetwatch App;
7.1.2 systematically print or copy multiple extracts of the Planetwatch® App for any purpose;
7.1.3 use the Planetwatch® license in whole or in part for any commercial use without prior written consent from PlanetWatch;
7.2 The Licensor sets up computer monitoring systems intended to protect the intellectual property rights of the Licensor (and of the entitled parties) on the Planetwatch® App and to revoke connection rights in the event that fraudulent behavior is identified. Upon detection, the Licensee will be notified of the suspension of the service by reporting the details of the infringement. The Licensee must contact the Licensor’s customer service, which may decide to restore access if it assesses, in its sole discretion, that such behavior did not represent a malicious act. Monitoring will take place in compliance with the current legislation on the protection of personal data.
7.3 The Licensee will bear all hardware and software costs as well as the cost of the Internet connection necessary to access the Planetwatch® App and use the purchased license.
7.4 The Licensee will notify the Licensor as soon as possible in the event of unauthorized use of the accounts and of the Algorand address associated with the License.
Article 8. Liability of the Licensor
8.1 The Licensor will enable the Licensee to access the Planetwatch® App and will activate the license with a Planetwatch approved sensor according to the instructions provided on its website.
8.2 The Licensor will make every reasonable effort to:
8.2.1 allow the Licensee to access the Planetwatch® App through browser or device and an Internet connection for the entire Subscription Period;
8.2.2 ensure that the server has sufficient capacity and sufficient connection speed to provide Licensee with quality of service according to current Internet standards for the provision of online information;
8.2.3 restore access to the Planetwatch® App as soon as possible in the event of interruption or suspension of the service.
8.3 Throughout the Subscription Period, the Licensor undertakes to provide, or to arrange for third parties to provide, an assistance service to the Licensee in order to promptly respond to requests received by e-mail from the Licensee regarding the use and / or functionality (but not on the content) of the Planetwatch App.
Article 9. Recognition and protection of intellectual property rights
9.1 The Licensee acknowledges that all copyrights, patent rights, trademarks, service marks, software and database rights and other intellectual property rights relating to the use of the Planetwatch® License (collectively the “Intellectual Property”), are the exclusive property of the Licensor and that these Agreements do not transfer to the Licensee any right or title in the Intellectual Property with the exception of the right to connect its enabled Sensor to the Planetwatch network, participating in the Token Rewards program, in accordance with the terms and conditions of this Agreement.
9.2 The Licensee must promptly inform the Licensor of the facts and circumstances relating to any unauthorized use of the Planetwatch® App or of the Intellectual Property, or of any part thereof.
Article 10. Representations and Warranties
10.1 The Licensor declares and warrants that it has the power to enter into these License Agreements, to grant the rights conferred in this document to the Licensee and that the license issued does not infringe any patent, copyright, trademark or other proprietary rights of third parties.
10.2 Except as provided above, the Licensor does not provide any guarantee, express or implied, that the Planetwatch® App and the air quality monitoring network are of satisfactory quality and / or suitable for any particular purpose or themselves are free from errors.
10.3 Under no circumstances can the Licensor be held liable by the Licensee or by third parties for any losses deriving from the use of the services granted by Planetwatch® and subject to the license.
10.4 Under no circumstances can the Licensor be held liable by the Licensee or by third parties for consequential, incidental, special or indirect damages of any nature arising from the use or inability to use the Planetwatch App.
Article 11. Indemnification and force majeure
11.1 The Licensor undertakes to defend the Licensee against all claims for compensation by third parties arising from any act or omission of the Licensor with respect to the infringement of copyright and / or the property right of third parties.
11.2 The Licensee and the Licensor shall not be liable to each other for any breach of any of the obligations under these Agreements resulting from force majeure and which cannot be avoided by exercising due diligence.
Article 12. Early termination of the contract
12.1 The Customer who has purchased a license has the right to terminate this agreement, without giving reasons, within 14 days from the license purchase date. To exercise the right of withdrawal, the Customer is required to communicate his will by opening a ticket here https://support.planetwatch.io/hc/en-gb selecting the “Refund Support” option from the dropdown menu, specifying the Credentials necessary to identify him and his Algorand address. The Licensor will communicate to the Customer, at the e-mail address provided when purchasing the license, a confirmation of receipt of the withdrawal notice.
12.2 If the license has been activated with a Planetwatch approved sensor , upon receipt of the notice of withdrawal, Planetwatch will immediately stop issuing token rewards. Payment of the refund for the license price is subject to the condition that the Customer return any token rewards received since the activation of the license.
12.3 Either party may immediately terminate this Agreement by written notice in the event that the other party commits a material breach of the obligations under these Agreements.
12.4 The Licensor reserves the right, in the presence of justified reasons, to withdraw from this Agreement, in whole or in part, giving 30 days notice to the Licensee.
12.5 Licensor may also terminate the license agreement prior to its expiration date and disconnect a device from the Planetwatch network, in the following cases:
– Breach of the obligations under Art. 7;
– Breach of the obligations under Art. 9 of our General Terms of Service;
– Any illegal or fraudulent use of the licence;
– If the User has been banned from Planetwatch for violating General Terms and Conditions.
Article 13. Right of withdrawal
The Customer can communicate the withdrawal from a license purchase at any time between the date of purchase and up to 14 days after the purchase date. Exercising the right of withdrawal does not entail any penalty for the Customer.
If the Customer exercises the right of withdrawal, he will be entitled to the refund of the price of the license, provided that the requirements set out in the Conditions of Sale are fulfilled.
Given that invoices are issued in Euros or Dollars, but payments can be made in PLANETS or other cryptocurrencies, the User is exposed to an exchange rate risk when applying for refunds. The reason is that refunds will always be based on the invoiced euro or dollar price, so if the original payment was made via cryptocurrencies, the amount of refunded cryptocurrency will be computed according to the average exchange price as provided by Coingecko’s API 48 hours after the opening of the first ticket request,
Even if the refund processing will take more than 48 hours, the exchange rate will still be fixed as the one prevailing 48 hours after the opening of the ticket.
Article 14. General conditions
13.1 These Agreements are personal and binding on the parties; neither these Agreements nor any of the rights relating thereto may be transferred to third parties.
13.2 All communications relating to these Agreements must be notified in writing to the parties.
13.3 These Agreements constitute the only agreement between the parties in relation to its subject matter and supersede all previous communications, understandings and agreements (in written or oral form) and cannot be amended or modified except by means of a written agreement signed by both. parts.
13.4 Any waiver of rights under these Agreements should not be construed as a waiver of any other right.
13.5 The titles in the articles of these Agreements are indicated only to improve consultation of the same and do not form part of the Agreements.
13.6 In the event of any discrepancy between this version of the Agreements and versions translated into other languages, only this version in English will prevail.
Article 16. Loyalty program
PlanetWatch Loyalty Program is a special scheme available for license holders, both with licenses already associated with an approved sensor and licenses not associated with a sensor yet.
By enrolling in the Loyalty Program via the PlanetWatch Explorer, the customer will have access to different benefits related to the license type and the date when the license was originally bought. The details of the benefits will be made available on the planetwatch.io website.
16.1 Enrollment in the PlanetWatch Loyalty Program requires activation of the license. If an inactive license is activated via enrollment in the loyalty program, the subscription period would not start to run until a sensor is connected to the license for the first time according to the procedure on the planetwatch.io website or on the PlanetWatch App.
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