This text regulates the relationship between Barbara IoT S.L. and the Owner of the Service that contracts any of the products and services marketed by Barbara.
This text regulates the relationship between Barbara IoT S.L. (hereinafter “Barbara”, or “We”), with headquarters at C/Padre Lojendio 5, 2ºD, Bilbao 48008 Spain., NIF B24697385 (hereinafter, "BARBARA") and the Owner of the Service (hereinafter, “You” ) that contracts any of the products and services marketed by Barbara under the Barbara Edge Computing Platform product portfolio, including but not limited to the following software components:
Notwithstanding the foregoing, some of the products and/or services may additionally be provided under Particular Conditions, which shall also apply. In the event of contradictions between the General Conditions contained in this text and the Particular Conditions, the latter shall prevail.
You acknowledge and agree that, as provided in greater detail in this Terms & Conditions:
This Agreement takes effect when you sign a contract that incorporates these terms by reference, or, if earlier, when you use any of the Services (the “Effective Date”), and will remain in effect, unless terminated by any of the parties via the means or penalizations described in this agreement (“The Term”).
Only us. We will not sell or rent your information to third parties and we will not share your information with third parties for commercial or marketing purposes.
Please note, however, that Barbara IoT may disclose your personal data in good faith and in the belief that such action is necessary with respect to the following:
To access the Services, you must create a Barbara user account. You may also need to create a Barbara organisation account, if one does not exist already.
Only human beings may use the Service, which you can only use if you create an account (“Account”). We don’t allow for bots or other automation tools to register Accounts and registering an Account this way is prohibited.
When you register for the accounts, you may be required to provide us with some information about yourself, such as your phone number or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate at all times. You are responsible for all activities that occur under your accounts, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). You may create additional user accounts for users within your organisation.
Each Barbara user account is protected by credentials. You are responsible for maintaining the security of your credentials. Barbara and our affiliates are not responsible for unauthorized access to your account, except to the extent caused by our breach of this Agreement.
BARBARA may modify the Terms of Service at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms of Service on our websites or through other communications. It’s important that you review the Terms of Service whenever we modify them because if you continue to use the Service after we have posted modified Terms of Service on the Site, you are indicating to us that you agree to be bound by the modified Terms of Service. If you don’t agree to be bound by the modified Terms of Service, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
If you violate any of the terms in this Terms of Service, we can terminate your Account at our sole discretion. You agree to use the Service at your own risk.
As between you and Barbara, you own the apps you develop and install on top of Barbara OS (“Your Content”). You are solely responsible for the development, operation, maintenance, and use of Your Content. For example, you are solely responsible for:
You represent and warrant to us that:
Notwithstanding that general principle:
We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services solely in accordance with this Agreement. This license is valid only during the term of this Agreement and is revoked upon termination. This license is subject to the following restrictions:
Barbara hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the Barbara trademarks for the sole purpose of promoting or advertising that you use the Barbara Services. These licenses shall be exercised only in accordance with the current version of our Trademark Policy (not publicly available, if required please request sending an email to email@example.com). You agree that all goodwill generated through your use of the Barbara trademarks shall insure to the benefit of Barbara.
The license granted in this Agreement will remain in effect, unless terminated by any of the parties via the means or penalizations described in this agreement. You are solely responsible for exporting your apps from the services prior to closing your account. If we cancel your account, we will provide you a reasonable opportunity to retrieve your content.
You are responsible for protecting the privacy and legal rights of your End Users. Your obligations include but are not limited to:
In accordance with the regulations in force in Protection of Personal Data, we inform you that the data gathered by Barbara IoT will be incorporated into the treatment system owned by BARBARA IOT SL with CIF B24697385 and registered office at CALLE PADRE LOJENDIO 5, 4ºDRCHA, CP 48008, BILBAO, VIZCAYA, with the purpose of providing the necessary support to the activities derived from the present agreement. In compliance with current regulations, BARBARA IOT SL informs you that the data will be kept during the PERIOD LEGALLY ESTABLISHED.
In BARBARA IOT SL we inform you that we continue to process your data according to the existence of a legitimate interest on the part of BARBARA IOT SL.
BARBARA IOT SL informs you that we will proceed to treat the data in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated way. That is why BARBARA IOT SL undertakes to adopt all reasonable measures so that these are suppressed or rectified without delay when they are inaccurate.
In accordance with the rights conferred by the current regulations on data protection you may exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition to the processing of their personal data as well as the consent given for the treatment of the same, directing your request to the email INFO@BARBARAIOT.COM.
You can go to the competent Control Authority to present the claim that you consider appropriate.
You incur fees and charges based on your use of the Services. We bill as indicated in your purchase order, as applicable. We may invoice you more frequently if we determine that your account is at risk of non-payment. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason.
All amounts payable are denominated in Euro, and you agree to pay all such amounts in Euro.
Late payments may bear interest at the rate of 1.5% per month. We reserve the right to discontinue the provision of the Services to you for any late payments.
We allow our users to access their Barbara Account data via Barbara API (Application Program Interface). Any use of the Barbara API, including use of the API through a third-party product that accesses Barbara, is bound by these Terms of Service, including the following terms that are specific to the use of the Barbara API.
You expressly understand and agree that Barbara will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Barbara has been advised of the possibility of such damages), resulting from your use of Barbara API or third-party products that access data via the API.
Excessively frequent requests to Barbara PANEL via Barbara API or other forms of abuse of the API may result in the temporary or permanent suspension of your Account’s access to Barbara API. Barbara, in its sole discretion, will determine abuse or excessive usage of Barbara API. Barbara will make a reasonable attempt via email to warn the Account owner prior to suspension.
Barbara reserves the right at any time to modify or discontinue, temporarily or permanently, your access to Barbara API (or any part thereof) with or without notice.
You agree that you will be responsible for your use of the Services, and if you harm someone or get in a dispute with someone else, we will not be involved. You agree to defend and indemnify Barbara and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the ”Barbara Entities“) from and against every third-party claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
Agreement to this Terms implies the following obligations for your company:
This Agreement is governed by the laws of Madrid, Spain without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under this Agreement, then, unless another location is expressly specified in other Agreement, you and Barbara agree to litigate any dispute in Madrid courts.
All notices to Barbara must be in writing and addressed to firstname.lastname@example.org. Notice will be treated as given on receipt as verified by written automated receipt or by electronic log (as applicable).
You agree that Barbara may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Barbara Services. By providing Barbara your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
Barbara shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of nature, labor conditions, power failures, and Internet disturbances.
Unless otherwise provided in a specific agreement between parties, this SLA is subject to the provisions of the Terms.
Any Barbara software hosted in Barbara Servers and provided within a Software as a Services model, including but not limited to Barbara Panel, Barbara Marketplace and Barbara Academy, commitment for uptime is 99,5% of the time per year. The downtime should be avoided at all times but it might be necessary due to Maintenance, update or security jobs. “Maintenance” means scheduled Unavailability of the Services, as announced by us prior to the job.
Service Credits will be issued in case of failing to achieve the Barbara Panel Uptime commitment during a monthly billing cycle. They will be calculated as a percentage of the total charges due on your Barbara invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
To receive a Service Credit, you must submit a claim by emailing email@example.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
The Service Commitment does not apply to any Unavailability:
We offer several options for technical support. All billable accounts include basic support, and we offer paid upgrade options. Check with Barbara IoT team firstname.lastname@example.org for critical support plans and pricing. Regardless of any other agreements that may exist due to consultancy or developing services on top of Barbara platform, Barbara support includes:
Unless explicitely agreed in another agreement, Barbara support does not include:
Normal Barbara business hours are 9am-6pm CET. The basic support included in all accounts has the following SLA:
We will announce if we intend to discontinue or make backwards incompatible changes to any Service. We will always try to give you as much time as possible to make any necessary modifications to your applications or processes. This policy does not apply to versions, features, and functionality that we label as “beta” or “experimental.”
We may provide documentation for the Services and their use. Our documentation may specify restrictions on how Applications may be built or configured, or how Services must be configured. You agree to comply with any such restrictions as specified.
You are responsible for providing customer service (if any) to End Users (1st level support). We do not provide any support or services to End Users unless we have a separate agreement with you or an End User for the provision of such services.
You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and routinely archiving Your Content. Where configurable or optional security controls are offered as part of the Services, you are responsible for configuring or enabling those controls. You are ultimately responsible for determining whether the security controls applied to your Applications and data are sufficient for your requirements.
Barbara IoT access credentials and private keys generated by the Services are for your internal use only. You may not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
You may conduct penetration tests of your services deployed with Barbara. To do so, please contact us with the following information:
If you discover a potential security vulnerability, we strongly prefer that you notify us in private. Publicly disclosing a security vulnerability without informing us first puts the community at risk. When you notify us of a potential problem, we will work with you to make sure we understand the scope and cause of the issue. Thank you.
You understand that Barbara uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Barbara, or any other Barbara service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Barbara.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Barbara customer, employee, member, or officer will result in immediate Account termination.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BARBARA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BARBARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
The failure of Barbara to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Barbara and govern your use of the Service, superseding any prior agreements between you and Barbara (including, but not limited to, any prior versions of the Terms of Service).