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    • Hexnode - Terms of Use

    Customers and Partners

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    Last updated: June 1, 2023

    Please read these Terms of Use carefully. These terms of use (“Terms of Use”) govern the Customer User’s use of our services- ‘Hexnode UEM’ and/or ‘Hexnode Do’ (“Platform”).

    The terms “Hexnode”, “We”, “Us”, “Our” shall mean Mitsogo Inc or its affiliates. All references to “you” or “your” or “Customer User” as applicable, mean the person who accesses, uses, and/or participates in the Platform and its associated services in any manner as an authorised user of the entity with which you are employed, affiliated or associated, which has concluded a subscription with Us (“Customer”). Where any Customer User manages or uses the offerings on behalf of the Customer, such Customer User user shall be deemed to have accepted this Terms of Use and to the extent permitted by applicable laws the Customer shall be liable to the Customer User in relation to the management and use of the Platform on Customer User’s behalf.

    BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU SIGNIFY YOUR ACCEPTANCE TO THE TERMS OF USE AND OTHER POLICIES POSTED ON THE PLATFORM FROM TIME TO TIME. HEXNODE MAY MODIFY THIS TERMS OF USE AT ANYTIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATLEY UPON EITHER POSTING OF MODIFIED TERMS OF USE OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS TERMS OF USE PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED USE OF THE PLATFORM SHALL BE DEEMED AS YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE AND OTHER POLICIES.

    1. Access to the Platform and Associated Services.

    1. You may access the Platform and associated services only through the account created for you through your organisation, who will be the administrator of the services available to you through this Platform. By using the Platform, you confirm that:
      1. You are an authorised user under the Terms of Use.
      2. The User information provided by you is accurate and genuine
      3. You shall immediately notify us of any un-authorised use of your User information or any other breach of these Terms of Use or security known to you.
      4. Further you authorise us to, collect, process and store User information and access information, for the purposes of providing services or functions that are relevant to the use of the Platform and its related services.
    2. Subject to the above, and your compliance with these Terms of Use, we grant you a non-exclusive, revocable, limited privilege to access and use the Platform.

    2. Privacy and Use of Personal Information.

    1. Your privacy is important to us. We will never promote or sell your personal information to third parties. Read our full Privacy Policy for more information on our commitment to protecting privacy. However, your usage may be monitored and administered by Customer for governing your access to the Platform and associated services.
    2. You agree that Hexnode may in accordance with its Privacy Policy collect and use your information and technical data and related information.
    3. Hexnode may use information and data pertaining to your use of the Platform and associated service for analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform and associated services.

    3. Registration and Account Security.

    1. The Customer User undertakes the following during registering and maintaining the security of the account -
      1. You shall not provide any false personal information or create an account for anyone other than yourself without permission;
      2. You shall not use your profile for your own commercial gain;
      3. You will keep your contact information accurate and up to date;
      4. You will not share your password, let anyone else access your account or engage in any activity which would result in jeopardizing your account.

    4. User Representations.

    1. You represent and warrant that
      1. You will maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through the Platform;
      2. You will comply with the terms of use set forth herein;
      3. You will comply with all applicable U.S. and international laws, statutes, ordinances, rules and regulations, contracts regarding your use of the Platform.
      4. You will not use the Platform in a manner that infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party or violates any law, statute, ordinance or regulation.
      5. You will not misuse the Platform by introducing viruses, worms, trojans or anything of the similar nature that may be harmful.
      6. You will not reproduce, adapt, modify, distribute or make derivate works of the Platform or otherwise exploit any portion of the Platform except as expressly authorized herein, without Hexnode’s express consent.
      7. You will not attempt to harass, abuse or harm another person or group using the Platform;
      8. You will not interfere or attempt to interfere with the proper functioning of the Platform.
      9. You will not use the Platform for any purpose that is fraudulent or otherwise tortious or unlawful;
      10. You will not make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
      11. You will not bypass any robot exclusion headers or other measures we take to restrict access to our Platform or use any software, technology, or device to scrape, spider, or crawl the Platform, or manipulate data, or harvest or collect information about users of the Platform without Hexnode’s written consent.

    5. Third-party products.

    1. The Platform may display, include or make available third-party content including data, information, applications and other products services ("Third-Party Services"). You acknowledge and agree that the Hexnode shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Hexnode does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

    6. Third-party Integration.

    1. The Platform shall make available certain third-party Integrations. Such Third-party Integration shall be fulfilled subject to the Customer requirement expressed to Hexnode. You acknowledge and agree that Hexnode shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage the Customer or Customer User may suffer in connection with the operations of such third-party integration.

    7. Intellectual property.

    1. Except as otherwise set forth herein, Hexnode and its affiliates, are the sole and exclusive owners of all rights and interests in all patents, patent applications; registered and unregistered trademarks, service marks, trade names, domain names, and all of the associated goodwill; registered and unregistered copyrights and all other literary and author’s rights or moral rights; trade secrets, know-how, show-how, concepts, ideas, methods, processes, designs, discoveries, improvements, and inventions, whether patentable or unpatentable; all other intellectual, industrial, and proprietary rights now or hereafter coming into existence throughout the world; applications for and registrations, renewals, and extensions of any of the foregoing; and other proprietary rights and interests in and to the Platform, its associated services and any documentation or data related thereto.
    2. Hexnode shall own and retain all right, title and interest in and to all improvements, enhancements or modifications to the Platform, its associated services, any software, applications, inventions or other technology developed by Hexnode in connection with implementation services, additional services, or support, and all intellectual property rights related to any of the foregoing.

    8. Updates.

    1. Hexnode may from time to time provide enhancements or improvements to the features/functionality of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
    2. Updates may modify or delete certain features and/or functionalities of the Platform. You agree that Hexnode has no obligation to (i) provide any Updates, (ii) continue to provide or enable any particular features and/or functionalities of the Platform to you.
    3. You further agree that all Updates will be (i) deemed to constitute an integral part of the Platform, and (ii) subject to the terms and conditions of this Terms of Use.

    9. Termination

    1. These Terms of Use shall remain in effect until the earlier of (i) termination in accordance with the terms hereunder, or (ii) the expiry or termination of the subscription with Customer.
    2. Hexnode may terminate your access to the Platform and associated services, or any portion thereof, immediately and at any time, at its sole discretion, for any reason including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

    10. General.

    1. Severability: If any provision of this Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms of Use will otherwise remain in full force and effect and enforceable. This Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral Terms of Uses, communications and other understandings relating to the subject matter of this Terms of Use. No agency, partnership, joint venture, or employment is created as a result of this Terms of Use and neither party has any authority of any kind to bind the other party in any respect whatsoever.
    2. Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
    3. Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or incidents beyond our reasonable control, including without limitation, strikes, work stoppages, disputes, failure of a utility service or telecommunications network, act of God, epidemics, pandemics, quarantines, curfews, non-availability or delays of transportation, war, riot, civil commotion, malicious damage, or compliance with or change in any law or governmental order, rule, regulation, or direction (each, a “Force Majeure Event”). In such circumstances, our obligations hereunder shall be suspended for so long as any such Force Majeure Event continues.
    4. Governing Law: These Terms are governed by the laws of California, USA, without regards to its conflict of laws principles. Subject to the dispute resolution provisions below, any dispute arising from these Terms or the use of the Services shall be brought exclusively before the courts of San Francisco, California, USA.

    11. Contact us

    You may contact our designated Grievance Officer with any complaints or queries relating to the Platform or this Terms of Use at the following address:

    Email Address: legal@hexnode.com

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