About these terms
These terms are an agreement between you and Steinwurf ApS ("Steinwurf", "we", "us"), Niels Jernes Vej 10, 9220 Aalborg Ø, Denmark, CVR 33576641. They cover:
- our website at nanoping.com (the "Website")
- the NanoPing portal at user.nanoping.com and the online services behind it (the "Portal")
- our hosted hub at hub.nanoping.com (the "Hosted Hub")
- the NanoPing software you install on your devices (the "Software")
Together we call the Portal, the Hosted Hub and the Software the "Service".
NanoPing is for businesses. By creating an account or using the Service, you confirm that you do so for your trade, business or profession, and not as a consumer. If you accept these terms on behalf of an organization, you confirm that you have the authority to bind it, and "you" means that organization.
If your organization has signed a separate agreement with us for the Service, that agreement applies where it differs from these terms. How we handle personal data is described in our Privacy Policy.
Definitions
- Node: a device on which the Software is installed and registered to your organization.
- Customer Data: the data you or your users put into the Portal or the Hosted Hub, such as node names, labels, settings and library files.
- Traffic: the data your Nodes send and receive through the Software.
- Usage Data: technical data about how the Service runs, such as licence checks, node status, versions and error reports.
- Users: the people you give access to your organization's account.
Your account
To use the Service you need an account. You agree to:
- give us correct information and keep it up to date
- keep passwords, API keys and licence keys secret, and tell us straight away if you think someone has misused them
- make sure your Users follow these terms. You are responsible for what happens in your account
We recommend turning on two-factor authentication for every User.
Trials and paid plans
Trial
A new organization gets a free trial of the Service, currently for 30 days. The trial is for evaluating NanoPing. We may change or end trials at any time. When the trial ends, your Nodes stop working with the Service unless you subscribe to a paid plan or agree other terms with us.
Paid plans
If you subscribe to a paid plan:
- Fees. You pay the fees shown in the Portal when you subscribe, normally per Node per month, in advance. Prices exclude VAT and other taxes unless shown otherwise, and you pay any taxes that apply.
- Payment. Payments are handled by our payment provider, Stripe. You authorise us to charge your payment method at the start of each billing period.
- Renewal and cancellation. Your subscription renews automatically each billing period until you cancel it. You can cancel in the Portal at any time, and the cancellation takes effect at the end of the current billing period. We do not refund fees for part of a period, unless the law requires it.
- Late payment. If a payment fails, we will tell you. If it is still not paid when the grace period for your plan ends, we may deactivate your Nodes until it is.
- Price changes. We will tell you at least 30 days before a price change applies to your subscription. If you do not agree, you can cancel before it takes effect.
Custom plans are agreed in writing and follow that agreement.
The NanoPing Software
Licence
As long as you follow these terms and your plan or trial is active, we give you a limited, non-exclusive, non-transferable licence to install and use the Software on your Nodes for your own business purposes. The number of Nodes is limited by your plan.
You may not:
- copy, modify, translate or create derivative works of the Software, except as needed to use it under these terms
- reverse engineer, decompile or disassemble the Software, except where the law expressly allows it
- remove, disable or get around licence checks, usage limits or security measures
- sell, rent, sublicense or otherwise make the Software or Service available to third parties, unless we have agreed to this in writing
Licence checks
The Software regularly contacts our servers to confirm that its licence is valid. If a Node cannot reach our servers for more than 24 hours, or its licence expires or is deactivated, the Node stops. It runs again once our servers confirm that its licence is valid.
Updates
We release updates to fix problems, improve security and add features. You should install updates promptly. We may stop supporting older versions of the Software.
Open source
The Software includes open source components. They are licensed to you under their own licences, which apply to those components if they conflict with these terms. You can ask us for a list of these components and their licences.
Acceptable use
You may not use the Service, or let anyone else use it, to:
- break any law or regulation, or violate the rights of others
- get unauthorised access to any system, network or data, or scan, probe or test the security of systems you are not allowed to test
- send malware, spam or other harmful content, or run denial-of-service attacks
- interfere with or disrupt the Service, our infrastructure or other customers
- test the security of the Service itself without our written permission
- get around usage limits or share accounts to avoid paying for a plan
Export control and sanctions
The Service may be subject to export control and sanctions laws of the EU, the United Kingdom, the United States and other countries. You may not use, export or make the Service available in breach of these laws, or to any person or country they restrict. You confirm that you and your Users are not on any sanctions list. Breaking this section is a material breach of these terms, and we may suspend your account immediately.
Networks, performance and safety
NanoPing makes real-time connections more reliable by using several network links at once. It still depends on networks that we do not control, such as mobile, satellite and fixed-line networks. We cannot guarantee any particular latency, bandwidth, coverage or uptime, and results depend on your setup and the networks you use.
NanoPing is often used for tele-operation, remote production and other time-critical work. If a failure of connectivity could harm people, property or the environment, you are responsible for:
- designing your system so that it fails safely if the connection is lost or degraded
- keeping independent safety measures, such as emergency stops and fallback procedures, that do not depend on NanoPing
- testing NanoPing in your own environment before relying on it
NanoPing is not an emergency communication service and must not be your only means of reaching emergency services.
Your data
Customer Data and Traffic
You own your Customer Data and your Traffic. You give us the right to host, copy, process and display Customer Data only as needed to provide, secure and support the Service.
Traffic goes directly between your Nodes and your other systems. It does not pass through our servers, and we do not inspect, store or analyse it. The Software can encrypt Traffic, but encryption is not turned on by default. You are responsible for turning it on where you need it.
You are responsible for your Customer Data and Traffic, and for having the rights and permissions needed to send them through the Service.
Usage Data
We use Usage Data to operate, secure, support and improve the Service. We may also use it in aggregated or de-identified form, which does not identify you or your Users, to analyse and report on how NanoPing performs.
Personal data
Our Privacy Policy explains how we handle personal data. Where we process personal data on your behalf as a data processor, we do so under a data processing agreement, which you can request at contact@nanoping.com.
Hosted Hub and remote access
The Hosted Hub lets your Nodes find each other and lets your Users open and manage Nodes remotely. Licensed Nodes connect to it by default. You can disconnect Nodes from it, or run your own hub instead. Remote access then goes through your own hub and not through our servers.
Requests that reach a Node through a hub skip the Node's own login, so anyone who can reach a Node through a hub has full control of it. Give this access only to people you trust, and remove Users who no longer need it.
Our staff may access your account in the Portal to give support you ask for, to investigate security problems or abuse, or when the law requires it. This does not give them access to your Nodes. Every access is logged.
Beta features
We may offer features marked as beta, preview or early access. They are provided as they are, may change or be removed at any time, and are not meant for production use, sensitive data or safety-critical systems.
Changes to the Service
We are always improving NanoPing, so features may change. If we remove a feature that is important to your paid plan, we will tell you in advance. We may need to take the Service down briefly for maintenance and will try to do this at times that cause the least disruption.
We do not offer a service level agreement unless we have agreed one with you in writing.
Suspension and termination
You can stop using the Service and close your account at any time.
We may suspend your access, or part of it, if:
- you or your Users break these terms, including the acceptable use rules
- your use creates a security risk or could harm the Service, us or others
- you do not pay fees when due
- the law requires us to
We will tell you before we suspend access when we reasonably can, and restore it once the reason is resolved.
Either of us may end this agreement if the other seriously breaks it and does not fix the breach within 30 days of being told. We may also end free accounts and trials at any time with reasonable notice.
When the agreement ends, your right to use the Service and Software ends and you must uninstall the Software. You can ask us for a copy of your Customer Data within 30 days. After that we delete it, except where the law requires us to keep it.
Our rights
We, or our licensors, own all rights in the Service, the Software, the Website and the NanoPing name and logo. These terms do not give you any rights in them except the licence described above.
If you send us feedback or ideas, we may use them without any obligation to you.
Warranties
We will provide the Service with reasonable skill and care.
Otherwise, to the extent the law allows, the Service, the Software and the Website are provided "as is". We do not promise that they will be uninterrupted, error-free or completely secure, or that they will meet your specific requirements. Trials, free accounts and beta features come with no warranties at all.
Limitation of liability
Neither of us is liable for indirect or consequential losses, such as lost profits, lost revenue, lost business, business interruption or loss of data, even if the loss was foreseeable.
Our total liability under or in connection with these terms is limited to the greater of the fees you paid us in the 12 months before the event that gave rise to the claim, or EUR 500.
These limits do not apply to liability for death or personal injury caused by negligence, to intent or gross negligence, or to any liability that cannot be limited by law.
Indemnity
You will defend and compensate us for claims by third parties, and the losses and costs that follow, that arise from your Customer Data or Traffic, or from you or your Users breaking these terms or the law.
The Website
The Website is for information. We try to keep it accurate, but content such as benchmarks, examples and descriptions of features may not match your own results or the latest version of NanoPing. Links to other websites are provided for convenience and we are not responsible for their content.
Changes to these terms
We may update these terms. If a change materially affects you, we will tell you by email or in the Portal at least 30 days before it takes effect. If you do not agree, you can stop using the Service before the change takes effect. If you keep using the Service after that, the new terms apply.
General
- Force majeure. Neither of us is liable for delays or failures caused by events beyond our reasonable control, such as failures of telecommunication or satellite networks, power outages, cyber attacks, denial-of-service attacks, natural disasters, war or government action.
- Assignment. You may not transfer this agreement without our written consent. We may transfer it to a company in our group, or to a buyer of all or part of our business.
- Notices. We send notices to the email address on your account. You can send notices to contact@nanoping.com.
- Entire agreement. These terms, together with any agreement you sign with us and the documents they refer to, are the whole agreement between us about the Service.
- Severability. If part of these terms cannot be enforced, the rest still applies.
- No waiver. If we do not enforce a right straight away, we can still enforce it later.
Governing law and disputes
These terms are governed by Danish law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
We will try to resolve any dispute with you informally first. If we cannot, the dispute will be settled by the Danish courts, with the District Court of Aalborg (Retten i Aalborg) as the court of first instance.
Contact
Steinwurf ApS
Niels Jernes Vej 10
9220 Aalborg Ø, Denmark
contact@nanoping.com