Terms & Conditions :: TANIX s.r.o.

TERMS OF SERVICE

Last updated: 2024-04-25

1. Introduction

Welcome to Tanix ("Tanix," "Company," "we," "us," "our"). These Terms of Service ("Terms") govern your use of our website located at https://tanix.cz/ and all related services, applications, and APIs (collectively, the "Service"). Your use of the Service is also governed by our Privacy Policy, which details how we collect, safeguard, and disclose your information.

By accessing or using the Service, you agree to these Terms and our Privacy Policy (collectively, the "Agreement"). If you disagree with the Agreement, you must stop using the Service immediately and notify us at info@tanix.cz.

These Terms apply to all users and visitors of our Service.

A Czech‑language version is available; in case of conflict the English version prevails.

The operator of the service: TANIX s.r.o., IČO. 10796797, with registered office at Jana Bubna 517/20, 293 06 Kosmonosy, info@tanix.cz, tel. +420 607 010 615

1.1 Notification of Changes

We may modify these Terms at any time. For significant changes, we will provide at least 30 days' notice before the changes take effect by posting a notice on our website and sending an email to the address associated with your account. Your continued use of the Service after such notification constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service prior to the changes taking effect.

Tanix may also implement any standard contractual clauses adopted under the EU Data Act; continued use of the Service after such implementation constitutes acceptance.

1.2 Purpose

The Tanix Service is designed solely for the collection, visualization, and analytical evaluation of data generated by IoT devices (“Monitoring Purpose”). The Service is not intended or certified for direct control, actuation, or other real‑time safety‑critical operations. Users must ensure that any decision‑making or control of physical processes is performed by independent systems that do not rely on the Service.

1.3 Price list

Service is offered on a project‑specific basis. A binding price (inclusive of applicable VAT) will be quoted to each Customer before the Agreement is concluded.

1.4 Consumer Right of Withdrawal

If you are a consumer resident in the European Union and request that the Service be provided during the 14‑day statutory withdrawal period, you expressly acknowledge that you request immediate performance and lose the right of withdrawal once the Service has been fully performed. This does not affect any mandatory rights you may have under applicable consumer law.

1.5 Inherent Data Loss

Due to the nature of wireless and wired telemetry, intermittent data loss is expected. Transmission may be affected by, among other things, signal interference, atmospheric conditions, power outages, carrier congestion, or device malfunctions. Tanix does not guarantee that any specific data packet, or indeed any data at all, will reach the Tanix platform.

1.6 Updates

Tanix may, from time to time, deploy patches, bug fixes, or other updates (“Updates”). If an Update materially degrades the functionality of the Service, Customer’s sole remedy is to cease using the affected functionality or, where technically feasible, request a rollback within thirty (30) days of deployment.

2. Communications

By using the Service, you agree to receive newsletters, marketing materials, and other communications. You may opt-out at any time by using the unsubscribe link or emailing us at info@tanix.cz.

3. Contests, Sweepstakes, and Promotions

Contests, sweepstakes, and promotions ("Promotions") offered through the Service may have separate terms. In case of a conflict, the Promotion's specific terms will prevail.

4. Content

You may post, share, and store information, text, graphics, videos, and other materials ("Content") on our Service. You are solely responsible for your Content's legality, reliability, and appropriateness.

By posting Content, you represent that:

You own the Content or have the necessary rights and permissions to post it.
Your Content does not infringe any rights of third parties, including privacy, publicity, copyright, or contractual rights.

You retain ownership of your Content. However, you grant Tanix a non-exclusive, worldwide, royalty-free, transferable license to use, modify, publicly display, distribute, and reproduce your Content on our Service.

We may, but are not obligated to, monitor and remove any Content that violates these Terms.

Content provided by Tanix or third-party licensors remains the property of Tanix or its licensors. Unauthorized distribution, modification, or use of this Content is strictly prohibited.

5. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Use the Service to trigger autonomous control loops or actuators that directly modify the state of physical equipment.
Rely on the Service as the sole source of real‑time decision‑making for any physical process.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.
Use any robot, spider (web crawler), or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service without our prior written permission.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating.
Otherwise attempt to interfere with the proper working of the Service.

You must not use the Service in environments or applications where failure, delay, or inaccuracy of data could lead to death, personal injury, severe property damage, environmental harm, or any other catastrophic loss, including but not limited to:

medical devices or life‑support systems;
nuclear facilities;
aviation or mass‑transport control;
emergency response or fire‑suppression systems;
explosive or hazardous‑material handling.

Any use of the Service in a High‑Risk Environment constitutes a material breach of these Terms. Tanix expressly disclaims all liability arising from such prohibited use.

6. User Safeguards

Redundancy: You shall maintain an independent and functionally redundant alerting or control mechanism that operates without the Service.
Testing: You shall test your IoT devices and alarm pathways at commercially reasonable intervals to verify proper operation, at least once every six (6) months, or more frequently as required by applicable regulations.
Insurance: You represent that you maintain adequate insurance to cover potential losses associated with your use of the Service and shall, upon Tanix’s reasonable request, provide written evidence of such insurance.

7. Analytics and Cookies

We may use third-party analytics services to monitor and analyze Service usage. Our Service uses cookies and similar tracking technologies to enhance your experience, analyze usage patterns, and deliver personalized content. By using our Service, you consent to our use of cookies as described in our Cookie Policy.

8. Age Restrictions

You must be at least 18 years old to use the Service. By accessing or using the Service, you represent that you meet this age requirement.

9. Accounts

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at info@tanix.cz if you suspect unauthorized access. We reserve the right to terminate accounts at our discretion for violations of these Terms or extended periods of inactivity.

10. Intellectual Property

The Service, including original content, features, and functionality, remains the exclusive property of Tanix and its licensors. The Tanix name, logo, and all related product and service names are trademarks of Tanix. Unauthorized use of our trademarks or content is prohibited.

11. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement, please submit a DMCA notice as described in Section 12 below.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims regarding alleged copyright infringement.

12. DMCA Notice and Procedure

In accordance with the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent.

To submit a DMCA notice, please provide the following information to info@tanix.cz with the subject line "Copyright Infringement":

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and where it is located on the Service
Your contact information (address, telephone number, email)
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

Upon receipt of notices complying with the DMCA, we will:

Remove or disable access to the allegedly infringing material
Notify the person who posted the material that we have removed or disabled access
Provide them with an opportunity to send a counter-notice

If we receive a counter-notice that complies with the DMCA, we may restore the removed material unless the copyright owner files an action seeking a court order against the content provider.

Repeat infringers of our copyright policy may have their accounts terminated.

13. Feedback and Error Reporting

Feedback provided by you becomes the property of Tanix. You grant us an unrestricted, perpetual, irrevocable right to use your feedback for any purpose without compensation to you.

14. Links to Third-Party Websites

Our Service may contain links to third-party sites or services. Tanix is not responsible for these third parties' content, policies, or practices. Your interactions with third-party services are solely between you and those third parties.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Third‑Party Components. The Service may incorporate open‑source or other third‑party software components provided “as is.” Tanix disclaims any warranties or liabilities arising out of such components.

Any beta, preview, or test features are provided “AS IS,” excluded from all SLAs, and may be modified or discontinued at Tanix’s sole discretion.

Nothing in these Terms affects statutory rights of consumers.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TANIX, ITS OFFICERS, EMPLOYEES, OR AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury, or for damage caused by intent or gross negligence.

Any damages payable by Tanix shall be reduced proportionally to the extent the loss was caused or contributed to by Customer, its personnel, or third‑party hardware or software under Customer’s control.

In the event of downtime or any non‑conformity of the Service, Customer’s exclusive remedy shall be any service credits Tanix may elect to grant at its sole discretion.

Any claim must be brought within twelve (12) months after the claimant first became, or ought reasonably to have become, aware of the facts giving rise to the claim.

Service credits, if issued, will take the form of a non‑cash credit against future invoices.

Data Interpretation Disclaimer

Tanix is not liable for any harm, loss, or damage arising from incorrect or inaccurate interpretation of data collected from IoT devices, including monitoring, alerts, graphs, or other analysis provided through our Service.

Critical Systems Disclaimer

Tanix provides monitoring and alert services for IoT devices. However, Tanix expressly disclaims liability for any consequences resulting from the reliance on our Service for life-critical or medical decisions. Users must independently verify critical data and have alternative safety measures in place.

17. Indemnification

For business customers, you agree to indemnify, defend, and hold harmless Tanix, its officers, directors, employees, agents, licensors, and affiliates from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your posting of Content.

This indemnity does not apply to losses caused by Tanix’s own intent or gross negligence and shall be interpreted in compliance with Article 28 of the EU Data Act.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of Czechia without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Service shall be resolved by binding arbitration administered by the Czech Arbitration Court (Rozhodčí soud při Hospodářské komoře České republiky a Agrární komoře České republiky) in Prague, Czechia, in accordance with its applicable rules. The arbitration shall be conducted in English. The award rendered by the arbitrator shall be final and binding.

Consumers residing in the European Union may instead bring an action before the courts of their domicile or of Tanix’s registered seat.

Consumers may also file complaints via the EU ODR platform at https://ec.europa.eu/consumers/odr.

In Czechia, the competent ADR body is the Czech Trade Inspection Authority (www.coi.cz).

19. Force Majeure

Tanix is not liable for delays, interruptions, or failure to provide the Service due to events beyond its reasonable control, including any outage or failure of Tanix’s hosting providers or other authorised sub‑processors, natural disasters, war, terrorism, labor disputes, governmental actions, or failures by telecommunications or hosting providers.

20. Compliance with Local Laws

You must comply with all applicable local laws and regulations regarding your access to and use of the Service. Tanix is not liable if you breach local laws or regulations.

21. Data Protection and Privacy

Data Processing

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. As a data controller, we implement appropriate technical and organizational measures to protect your personal data.

Data Subject Rights

If you are in the European Economic Area (EEA), you have certain rights regarding your personal data, including the right to access, correct, delete, restrict processing, and data portability. To exercise these rights, contact us at info@tanix.cz.

Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required by law. You may request deletion of your personal data by contacting info@tanix.cz.

22. Termination

Termination by You

You may terminate your account at any time by following the instructions in your account settings or by contacting info@tanix.cz.

Termination by Us

We may terminate or suspend your account immediately without prior notice if we believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease.

Effect of Termination

Upon termination, we will retain your data for a period of 30 days, during which you may request a copy of your data in a machine-readable format. After this period, we may delete your data from our systems, except where retention is required by law.

23. Data Export

Following account termination, you may request a complete export of your data by contacting info@tanix.cz within 30 days of termination.

Tanix will provide commercially reasonable assistance with such data transfer, and may charge a fee limited to its reasonable administrative costs.

24. Legal Disclosure Requests

Tanix will disclose Service logs or other records to third parties only to the extent strictly required by applicable law, valid subpoena, or court order. Customer shall reimburse Tanix for reasonable costs incurred in producing such materials, unless the request arises from Tanix’s own breach of these Terms.

25. Trade Compliance

Customer represents and warrants that it is not located in, under the control of, or a national or resident of any country or entity subject to EU, U.S. OFAC, or U.N. sanctions, and will not use the Service for any end‑use prohibited by such sanctions or export‑control laws.

26. Confidentiality

Each party shall protect the other’s Confidential Information with at least the same degree of care it uses for its own, but no less than reasonable care. Confidential Information does not include information that (i) becomes public without breach, (ii) was lawfully known before disclosure, (iii) is independently developed, or (iv) must be disclosed under court order, provided the disclosing party gives prompt notice (where lawful).

27. Waiver and Severability

No waiver by Tanix of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held invalid, illegal, or unenforceable for any reason, such provision shall be minimally modified to make it enforceable, and the remaining provisions will continue in full force and effect.

28. Acknowledgment

By using the Service, you acknowledge you have read, understood, and agreed to these Terms.

29. Contact Us

For feedback, comments, or technical support, please contact us at info@tanix.cz.