EnviroFRONT. Terms of Service
Last Modified: March 29, 2014
1.1. “Registered Device” refers to LogPRO devices registered on EnviroFRONT.
1.2. “EnviroFRONT” refers to device cloud by M2MLogger, which consists of a cloud-based
infrastructure that provides TCP/IP-based communication between a Registered Device
and Your application.
1.3. “Services” or “Service” refers to EnviroFRONT device management Services, the
data communications Services, EnviroFRONT Service Modules and/or other Services that
may be introduced in the future. The term “Services” may refer to a single Service
or a collection of Services and Service Modules.
1.4. “Account Term” will be period of time for which M2MLogger has committed to
provide and You have committed to pay for Services.
1.5. “You” refers to the entity named in as the holder of the EnviroFRONT account.
1.6. “Terms of Service” refers to the current version of the EnviroFRONT by M2MLooger
Terms of Service, including any attachments and Exhibits.
2. USE OF THE SERVICE
2.1. Subject to timely payment of all charges in Your account and subject to the
Terms of Service, M2MLogger grants You the right to use the Services. M2MLogger
reserves all rights not otherwise expressly granted herein. The Terms of Service
may be revised at any time, and you will be notified that a new version exists when
You log in to your account.
2.2. You will be responsible for maintaining the security of each registered device,
Your account, Passwords and files, and are responsible for all uses of Services
(and all associated fees), with or without Your knowledge or consent and whether
or not authorized by You.
2.3. Registration and Security. As a condition to using the Services, each user
of the Services may be required to register and select a password and user name
(“User ID”). You will provide accurate and complete, registration information and
will update Your registration information, as necessary, to keep it current. You
i) select or use as a User ID a name of another person with the intent to impersonate
that person; or
ii) use as a User ID a name subject to any rights of a person other than such user
without appropriate authorization. Each User ID will be assigned to (and may only
be used by) one unique user and You will ensure that each such User ID is not be
shared with or used by any party other than the unique user to which it is assigned.
2.4. It is acknowledged that, except as expressly stated, each party retains all
rights in its trademarks, service marks, software, technology and intellectual property.
2.5. You are solely responsible for:
i) all use of the Services occurring as a part of Your account, whether or not authorized
by You or done with Your knowledge, and
ii) for all data, information or other content transmitted over or uploaded to EnviroFRONT
as part of Your account.
2.6. M2MLogger retains the right to revise the M2MLogger policies at any time, as
long as the changes are reasonable and consistent with industry practices and legal
2.7. In the event M2MLogger conducts an investigation of Service outages, security
problems, or a suspected security breach of EnviroFRONT, You agree to provide a reasonable
level of cooperation to help facilitate M2MLogger’s investigation, to the extent
warranted by the facts of the situation. If Your cooperation requires more than
a small amount of time and effort, M2MLogger will discuss an appropriate level of
2.8. For some types of data, the law requires a level of security or privacy that
must be maintained. You acknowledge that You will abide by all legal requirements
regarding the data that You transmit to or store in EnviroFRONT.
3. YOUR ACCOUNT
3.1. Unless otherwise stated in writing, the Account Term will be monthly and will
start on the first day of the month. At the end of each Account Term and if Your
Account is current, the Account will renew automatically for an additional one-month
3.2. Unless otherwise stated in writing, Account fees will be billed monthly. All
fees are in Indian Rupees (INR), unless otherwise stated.
3.3. Account fees are payable regardless of whether Services are being used by a
Registered Device. Fees are non-cancelable and non-refundable. Unless otherwise
agreed to in writing, M2MLogger reserves the right to change the amount of the fees
or applicable charges and to institute new charges which will apply to the next
Account Term. In addition, M2MLogger may introduce new features and functionalities,
which may be made available to You at an additional cost.
3.4. Fees for Services are net of taxes, and You will be responsible for all applicable
4. TERMINATION AND SUSPENSION
4.1. M2MLogger may, without liability, suspend or terminate any or all Services
to some or all of its account holders or users:
i) following a possible or actual security breach or cyber-attack on EnviroFRONT;
ii) in order to protect the EnviroFRONT network; or
iii) if required by a governmental entity.
4.2. M2MLogger may, without liability, suspend or terminate any or all Services
in Your account if:
i) You are engaging in suspected fraudulent or unauthorized use,
ii) You or any of your affiliates is listed on a government-issued restricted persons
or entities list or warning list;
iii) M2MLogger, in its discretion, determines that your use of the Services poses
a business, technological or legal risk to M2MLogger or its customers;
iv) You have breached the Terms of Service or other contract You may have with M2MLogger
that relates to EnviroFRONT;
v) Payments in Your account are past due;
vi) You fail to provide a reasonable level of cooperation in an investigation pursuant
to subsection 2.8;
vii) there are few or no data transactions in Your account or
viii) as otherwise provided in the Terms of Service.
4.3. M2MLogger may, without liability, suspend or terminate Services for a Registered
i) You are using a device or equipment that is defective or illegal
ii) the Registered Device is causing technical or other problems on EnviroFRONT or
iii) upon termination of Your account.
4.4. Either party may terminate the Agreement if the other party becomes insolvent
or is unable to pay its debts or enters into or files (or has filed or commenced
against it) a petition, arrangement, application, action or other proceeding seeking
relief or protection under the bankruptcy laws of India or any similar laws of India
which proceeding is not stayed within forty-five (45) days of being filed.
4.5. Portions of the Terms of Service, which by their nature should survive termination,
will survive termination, including, without limitation, accrued rights to payment,
warranty disclaimers, and limitations of liability. However, upon termination, Your
right to use the Services will immediately terminate.
4.6. Upon termination of Your account, You will reconfigure Your registered devices
so that the devices are no longer attempting to communicate with EnviroFRONT. In the
event Your registered devices have not been reconfigured, as stated in this section,
M2MLogger reserves the right to remotely and without notice to You reconfigure Your
registered devices so that each device no longer attempts to communicate with EnviroFRONT.
5. DATA RETENTION
5.1. Unless otherwise provided within Your account, data transmitted to EnviroFRONT
is not retained on a long-term basis. M2MLogger may, in its discretion,purge your
data at any time. Typically, data is purged every 48 hours, but this may occur at
intervals which are more or less frequent.
5.2. Upon termination of Your account, M2MLogger may, but is not obligated to, delete
the data associated with Your account.
5.3. TagStream: EnviroFRONT offers an optional account feature for long-term storage
and access to Your data.
i) TagStream is a RESTful API for storing and accessing time-series data. With TagStream,
Your data is stored and then made accessible to You through EnviroFRONT.
ii) Data stored using TagStream will be maintained as long as Your account is current.
iii) If Your EnviroFRONT account is terminated or Your Data Services subscription is
cancelled, the data will no longer be stored or accessible. It is advised that you
download all of your data before account termination or subscription cancellation.
Typically, data is purged following 10 calendar days, but this time period may vary,
within M2MLogger’s discretion.
6. SERVICES, WARRANTY
6.1. Services may be temporarily unavailable for scheduled or unscheduled maintenance
by M2MLogger or for other causes beyond M2MLogger’s reasonable control. M2MLOGGER
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY
SECURE. M2MLOGGER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND M2MLOGGER DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.2. M2MLOGGER SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED
OR EXPRESS, FOR USES REQUIRING FAIL-SAFE PERFORMANCE OR FOR USES THAT REQUIRE IMMEDIATE,MISSION-CRITICAL,
REAL-TIME DATA WHERE FAILURE COULD LEAD TO
i) PERSONAL INJURY OR DEATH,
ii) PROPERTY DAMAGE OR
iii) ENVIRONMENTAL DAMAGE. FOR EXAMPLE, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED
TO, SOLUTIONS INVOLVING LIFE SUPPORT, MEDICAL DEVICES, NUCLEAR APPLICATIONS OR CRITICAL
ASSET MONITORING. THE SERVICES ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY
OF THESE OR OTHER FAIL-SAFE APPLICATIONS
6.3. M2MLogger represents that it uses security measures that meet or exceed industry
6.4. You acknowledge that
i) a TCP/IP connection between an registered Device and EnviroFRONT is required in
order to make use of the Services;
ii) due to technical, geographic or political limitations or circumstances, You
or your registered device may not be able to communicate with EnviroFRONT and
iii) M2MLogger cannot guarantee that an registered will be able to connect to the
Services from every geographic location. You are responsible for determining whether
You or your registered devices are able to connect to EnviroFRONT and whether the connection
is of a quality sufficient to meet Your requirements.
6.5. M2MLogger’s device communications service will maintain a minimum of 95% availability.
6.6. M2MLogger reserves the right to reduce the speed at which transactions are
conducted within EnviroFRONT (i.e. to “throttle” transactions) if the size of transactions,
individually or as a group, in Your account, within a predefined period of time,
adversely affects the overall performance of EnviroFRONT.
7. INDEMNITY AND LIMITATION OF LIABILITY
7.1. You agree to indemnify and hold harmless M2MLogger, its officers, directors,
representatives, employees and agents against any damages, losses,liabilities, settlements
and expenses (including, without limitation, costs and attorneys’ fees) in connection
with a claim or action against M2MLogger that arises from or is based on
i) an alleged violation of the Terms of Service by You or otherwise from Your use
of EnviroFRONT or
ii) an alleged violation of law.
7.2. M2MLogger may use Third-Party Suppliers for data transport and storage. You
acknowledge that storage technologies provided by Third-Party Suppliers may a utilize
multi-tenancy architecture, where parties not associated with M2MLogger or a Third-Party
Supplier may also store or transmit data within the same framework that is used
to store or transmit Your data. You also acknowledge that the transmission and storage
of Your data may result in Your data crossing through or residing in multiple political
jurisdictions. Each of these jurisdictions may have unique provisions relating to
the privacy of Your data and information.
7.3. You acknowledge that there are risks inherent in Internet connectivity that
could result in the loss of privacy, privacy data, Confidential Information, and
property. You also acknowledge that there are risks inherent with transmitting log
in credentials for EnviroFRONT over a public network
7.4. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, M2MLOGGER, ITS OFFICERS, AND
EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY CLAIM OR ACTION
RELATED TO EnviroFRONT UNDER ANY THEORY, WHETHER UNDER THE LAWS OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR ANOTHER THEORY. UNDER NO CIRCUMSTANCES WILL M2MLOGGER BE LIABLE
FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. M2MLOGGER WILL NOT BE
i) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA
OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;
ii) FOR ANY MATTER BEYOND M2MLOGGER’S REASONABLE CONTROL, EVEN IF M2MLOGGER HAS
BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES;
iii) FOR ATTACKS ON OR HACKS OF YOUR DATA, WHETHER IN TRANSIT OR IN STORAGE;
iv) FOR PHYSICAL ATTACKS OR CYBER-ATTACKS UPON EnviroFRONT OR ITS NETWORK OR THE NETWORKS
OR FACILITIES OF THIRD-PARTY SUPPLIERS; OR
v) THE BREACH OF OR LOSS OF PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION
INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION,
OR ANY OTHER CONTENT STORED ON M2MLOGGER’S EQUIPMENT, TRANSMITTED OVER NETWORKS
ACCESSED BY EnviroFRONT, OR OTHERWISE CONNECTED WITH THE USE OF THE SERVICES.
7.5. M2MLOGGER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION
OR INFORMATION TRANSMITTED ON EnviroFRONT SITE OR ANY WEB-SITE LINKED TO THE EnviroFRONT
7.6. YOU ACKNOWLEDGE THAT A GOVERNMENTAL ENTITY MAY
i) INTERCEPT YOUR DATA OR
ii) REQUIRE M2MLOGGER TO DISCLOSE YOUR DATA OR INFORMATION.
7.7. IT IS AGREED THAT M2MLOGGER’S LIABILITY WILL NOT EXCEED THE AGGREGATE AMOUNT
OF FEES COLLECTED IN YOUR ACCOUNT OVER THE TWELVE (12) MONTH PERIOD PRECEDING THE
ACCRUAL OF A CLAIM UPON WHICH LIABILITY IS BASED.
7.8. THE PRICE STATED FOR THE SERVICES IS A CONSIDERATION IN LIMITING M2MLOGGER’S
7.9. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS TERMS OF SERVICE MAY BE
BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
8. LEGAL COMPLIANCE
8.1. You may not transmit or otherwise export from India or allow the transmission
of the Services in violation of any restrictions, laws or regulations of Government
8.2. You represent and warrant that You are not a person to whom M2MLogger is legally
prohibited to provide the Services and/or are not on any governmental list of restricted
person or entities.
8.3. You may not use the Services in any situation where failure or fault of the
Services could reasonably be expected to lead to
i) death or serious bodily injury of any person, or
ii) to physical or environmental damage. Specifically, but without limiting the
foregoing sentence, You may not use, or permit any other person to use, the Services
in connection with aircraft or other modes of human mass transportation (while in
transit), any function necessary to the safe operation of nuclear or chemical facilities,
or medical devices.
8.4. You may not use the Services for
i) Designing, developing or fabricating nuclear weapons or nuclear explosive devices;
or devising, carrying out or evaluating nuclear tests or nuclear explosions.
ii) Designing, assisting in the design of, constructing, fabricating, or operating
facilities for the chemical processing of irradiated special nuclear material, production
of heavy water, separation of isotopes of any source and special nuclear material,
or the fabrication of nuclear reactor fuel containing plutonium.
iii) Designing, assisting in the design of, constructing, fabricating, furnishing
or modifying equipment for the fabrication of chemical or biological weapons, chemical
precursors, viruses, viroids, bacterias, fungi or protozoa etc.
iv) Designing, assisting in the design, construction, fabrication or furnishing
equipment for components specially designed, modified, or adapted for use in such
v) Training personnel in any of the above activities.
8.5. You may not provide access to the Services to any person or entity that would
be prohibited from using the Services under this section 8.
8.6. Regarding data that, by means of Your account, is collected, transmitted to
EnviroFRONT, downloaded from EnviroFRONT or viewed using EnviroFRONT (in this paragraph,
the “Data”), You warrant that:
i) You own or are otherwise entitled to collect the Data that passes through an
registered device; and
ii) You have sufficient legal rights to allow You to use EnviroFRONT to transmit, download
or view the Data. You also acknowledge that the law protects a third party’s rights
in certain information and that Your unauthorized use of third party’s information
may subject You to civil or criminal penalties.
9.1. Confidential Information. For purposes of this Terms of Service, “Confidential
Information” shall mean all information marked as “Confidential” or “Proprietary.”
It includes, but is not limited to trade secrets and business matters such as research
and development plans, manufacturing processes,management systems and techniques,
the identity and profiles of customers and suppliers, and sales and marketing plans
and information. Confidential information does not lose its status as confidential
information merely because it was known by a limited number of persons or entities
or because it was not entirely originated by either party.
9.2. Confidentiality. During the performance of this Terms of Service, each party
may receive confidential information from the other. Each party will treat confidential
information as confidential and protect it from disclosure as it would its own information
of a similar nature. Neither party will disclose confidential information other
than to those of its employees or agents who need to know such information for performance
of each party’s rights and obligations under this Terms of Service. Neither party
will use confidential information for any purpose beyond the exercise of its rights
and performance of its obligations under This Terms of Service without the prior
written consent of the other party. All confidential information shall remain the
property of the disclosing party, and each party will return or destroy any tangible
materials containing such confidential information upon request of the other party.
9.3. Exclusion. The obligations of confidentiality and protection imposed by this
paragraph shall not apply, or shall cease to apply, to any information that:
i) was lawfully known by either party prior to its receipt hereunder;
ii) is or becomes publicly available without breach of This Terms of Service;
iii) is lawfully received by either party from a third party who does not have an
obligation of confidentiality to either party;
iv) is developed independently by employees of either party not having access to
such confidential information or
v) has been transmitted or stored in an unencrypted state.
10.1. M2MLogger will not be liable for any failure or delay in the performance of
its obligations hereunder on account of strikes, terrorist activity,shortages, riots,
insurrection, fires, floods, power outages, storms, cyber crime, explosions, war,
governmental action, labor conditions, earthquakes,terrorism, supplier bankruptcy
or default, failure, delay or interruption by third parties, including without limitation,
communications providers, or any other cause which is beyond M2MLogger’s reasonable
10.2. You represent that You are not a government agency and are not acquiring the
Services pursuant to a government contract or with government funds.
10.3. If any provision of the Terms of Service is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so
that the Terms of Service will otherwise remain in full force and effect and be
10.4. Your rights and obligations under the Terms of Service are not assignable
or transferable and cannot be sub-licensed to another party by You except with M2MLogger’s
prior written consent. M2MLogger may transfer, assign or subcontract any of its
rights and obligations under the Terms of Service without consent.
10.5. The Terms of Service are the complete and exclusive statement of the understanding
of the parties and supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject matter of the Terms
of Service. All waivers and modifications of the Terms of Service must be in writing
and signed by both parties, except as otherwise provided herein.
10.6. No agency, partnership, joint venture, or employment is created as a result
of Your use of EnviroFRONT. You do not have authority to bind M2MLogger in any respect.
10.7. The Terms of Service will be governed by the laws of the Delhi, India, without
regard to its conflict of laws provisions. For purposes of jurisdiction over a claim
under this Terms Of Service, Your data is presumed to have resided or to have been
transmitted exclusively within the state of Delhi. Any action or proceeding arising
out of or related to the Terms of Service may only be brought in the state or Supreme
courts in Delhi. Each party hereby consents to the exclusive jurisdiction of such
courts with respect thereto. English is the governing language for:
ii) Your EnviroFRONT account;
iii) the Terms of Service;
iv) negotiations related to the Terms of Service or Your use of EnviroFRONT and
v) the resolution of disputes related to the Terms of Service or Your use of EnviroFRONT,
including negotiations, litigation, mediation or arbitration. Versions of the Terms
of Service that have been translated into languages other than English are provided
for convenience, and the English version is the only version that defines the rights
and obligations of the parties.
10.8. If You have dealt with a third-party that is authorized to act as a services
representative for the EnviroFRONT Services (in this section, referred to a “Representative”),
you agree that:
i) the Representative is not a party to agreements or terms relating to Your EnviroFRONT
ii) except for substantial misrepresentations, gross negligence or intentional misconduct
by the Representative, You release the Representative from all claims and liability
related to Your EnviroFRONT account or Your use of the Services.
11. SPECIAL TERMS: EUROPEAN ECONOMIC AREA OR SWITZERLAND
For the purposes of this Section [Special Terms: European Economic Area or Switzerland],
the following definitions shall have the following meanings:
i) “Adequate Countries” means those jurisdictions identified by the European Commission
from time to time as providing adequate data protection under Article 25 of the
ii) “Data Controller” means a natural or legal person, public authority, agency
or any other body which alone or jointly with others determines the purposes and
means of the processing of personal data; where the purposes and means of processing
are determined by national or European Community laws or regulations, the controller
or the specific criteria for his nomination may be designated by national or European
iii) “Data Processor” means a natural or legal person, public authority, agency
or any other body which processes personal data on behalf of the controller;
iv) “Data Protection Rules” means the national laws that apply to the Processing
of Personal Data which implement the Directive, as well as applicable privacy and
information security laws and regulations that apply from time to time to Personal
v) “Data Subject” means an identified or identifiable natural person whose Personal
Data is subject to Processing; an identifiable person is one who can be identified,
directly or indirectly, in particular by reference to an identification number or
to one or more factors specific to his physical,physiological, mental, economic,
cultural or social identity;
vi) “Directive” means the Directive 95/46/EC of the European Parliament and of the
Council of October 24, 1995 on “the Protection of Individuals with regard to the
Processing of Personal Data and on the Free Movement of such Data” as amended or
replaced from time to time;
vii) “Personal Data” means any information relating to a Data Subject; and
viii) “Process”, “Processing” or “Processed” means any operation or set of operations
which is performed upon Personal Data, whether or not by automatic means, such as
collection, recording, organization, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission,dissemination or otherwise making
available, alignment or combination, blocking, erasure or destruction.
11.2. YOUR RESPONSIBILITY AS DATA CONTROLLER
i) If You are located in or You collect and use Personal Data on equipment located
in the European Economic Area or Switzerland (collectively: “EEA”),separate rules
apply to Processing of Personal Data. When using the Services, You understand that
You qualify as a Data Controller with respect to Personal Data transmitted over
or uploaded to EnviroFRONT. As a Data Controller you decide on the Processing and are
responsible for compliance with section 2 of this Terms of Service, the Data Protection
Rules and the provisions of this section.
ii) M2MLogger acts a Data Processor with respect to the Personal Data You transmit
or upload to EnviroFRONT. However, any Personal Data that You may submit for account
registration information or to acquire a User ID, M2MLogger acts as a Data Controller
and under the Data Protection Rules.
iii) Due to the nature of the EnviroFRONT structure, it is Your responsibility to keep
Personal Data transmitted over or uploaded to EnviroFRONT, including on registered
devices, confidential and secure when under Your control. You should use technical
means, such as encryption, to ensure Personal Data is kept confidential and will
comply with the provisions of sections 2.9 of the Terms of Service.
iv) As a Data Controller, You are also responsible for providing Data Subjects with
the opportunity to access, rectify, erase, block and object to the Processing of
their Personal Data. M2MLogger will work together with You in order to support You
in complying with the exercise of these rights. To the extent that M2MLogger uses
subcontractors, these contractors will similarly cooperate.
11.3. SECURITY, ACCOUNTABILITY
i) M2MLogger takes reasonable security measures to protect against the loss, misuse
and alteration of data under its control. Nevertheless, it is your responsibility
to comply with the Data Protection Rules and to keep Personal Data uploaded in or
transmitted to EnviroFRONT confidential.
ii) Where required by applicable law, in case of a suspected security breach of
EnviroFRONT that relates to Your use of the Services, M2MLogger will inform You in
order to take necessary steps to comply with any notification requirements under
iii) If You should need further documentation or information regarding the Services
or the EnviroFRONT platform, do not hesitate to contact us at firstname.lastname@example.org.
11.4. INTERNATIONAL TRANSFERS
i) You understand that M2MLogger is based in India and by entering into the Terms
of Service You consent to the transfer of Your Personal Data outside the EEA to
India, which is not considered to provide the same level of protection for your
Personal Data as the countries within the EEA. You understand that You are responsible
for taking all required action to ensure compliance with applicable Data Protection
Rules to transfer Customer-Owned Data to M2MLogger in India.
ii) M2MLogger only transfers Personal Data outside the EEA in compliance with the
Data Protection Rules and when notifying You in advance.