Robustel Cloud Manager Service Cloud (RCMS Cloud)
End User License Agreement (EULA)
PARTIES
1. ROBUSTEL LIMITED, a limited liability company incorporated in Hong Kong, China under the registration number 2678463 having its registered office at Suite 1503, 15/F, Carnival Commercial Bldg, 18 Java Road, North Point, Hong Kong(the "Licensor"); and
2. The customer applying for and approved for an account using the form on https://rcms-cloud.robustel.net/rcms/register (the "Licensee").
This End-User License Agreement ("EULA") is a legal agreement between you and Robustel Limited
This EULA agreement governs your acquisition and use of our RCMS software ("Software") directly from Robustel Limited or indirectly through a Robustel Limited authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the RCMS software. It provides a license to use the RCMS software and contains warranty information and liability disclaimers.
If you register for a free trial of the RCMS software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the RCMS software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Robustel Limited herewith regardless of whether other software is referred to or described herein. The terms also apply to any Robustel Limited updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
1. License Grant
Robustel Limited hereby grants you a personal, non-transferable, non-exclusive license to use the RCMS software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the RCMS software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the RCMS software.
You are not permitted to:
· Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
· Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
· Allow any third party to use the Software on behalf of or for the benefit of any third party
· Use the Software in any way which breaches any applicable local, national or international law
· Use the Software for any purpose that Robustel Limited considers is a breach of this EULA agreement
2. Intellectual Property and Ownership
Robustel Limited shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Robustel Limited.
Robustel Limited reserves the right to grant licenses to use the Software to third parties.
3. Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Robustel Limited.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
4. Service Level Metrics (SLM)
Robustel Limited do not offer any guarantees on service accessibility from services provided by a ‘third-party’; these include (but are not limited to):
· Software Hosting
· Software compute power, processing and storage
· Mapping Services
· Third-Party API Integrations
· Payment Gateway Functions
In the event of a total systems outage for a period of 72 hours or more Robustel Limited customers using paid services only are entitled to claim compensation in accordance with Section 8
4a. Customer Support SLM
Robustel Limited offer the follow 4 classifications for support and will make ‘best effort’ only to achieve the outlined response times.
All items listed below not marked as Critical conform to Robustel Limited Business Hours which are: 09:00 ?C 18:00 Beijing Time, Monday to Friday.
Level A (Critical)
Description: Servers break down or cease functioning
Response Time: Response within 1 hour and expected resolution within 4 hours dependent on ‘Third-Party’ response times
Level B (Critical)
Description: Services intermittently running or temporarily unavailable
Response Time: Response within 4 hours and expected resolution within 8 hours dependent on ‘Third-Party’ response times
Level C
Description: Performance issues due to latency, connection or server performance
Response Time: Response within 24 hours and expected resolution within 48 hours dependent on ‘Third-Party’ response times
Level D
Description: General Technical Support, bug submission or Software guidance
Response Time: Response within 24 hours
4b. Maintenance Schedule
Robustel Limited operate fortnightly scheduled maintenance to ensure stability, security and performance of the Software; during this period Robustel limited may undertake activities such as (but not limited to) patching or updating code, editing or altering server parameters and integrating new third-party programs. During this maintenance period the Software may be unavailable for a period of up to 8 hours.
In the event of emergency or critical maintenance items wherein Robustel Limited are required to take the Software offline to repair a service or security issue Robustel Limited will make best effort to ensure the Software is unavailable for no more than 24 hours where possible.
5. Reporting Errors and Bugs
To report an error or bug in the Software contact Robustel limited directly using support@robustel.com providing your Company ID, Username, the Serial Number(s) of the affected devices and screenshots or steps required to replicate the error.
Reporting a fault or bug to Robustel Limited does not guarantee an immediate resolution to the issue, it will first be reviewed by Robustel Limited’s technical engineers and given a classification based on the schedule below:
5a. Error & Bug Classifications
Class 1 ?C Major Impact
Description: Critical system function unavailable at all times
Action: Emergency Maintenance
Class 2 ?C Severe Impact
Description: Critical system function unavailable intermittently
Action: Emergency Maintenance
Class 3 ?C Moderate Impact
Description: Critical system function unavailable when taking specific actions but available at other times
Action: Next Scheduled Maintenance
Class 4 ?C Minor Impact
Description: User Interface (UI) elements not displaying properly but core services and functions are unaffected
Action: Added to queue for a future maintenance period; no guarantees given on timeframe
Class 5 ?C User Error
Description: Error caused by improper use of the system by end user
Action: Robustel Limited support to assist customer; if error is caused by ineffective use of UI or documentation Robustel Limited will endeavour to improve the User Experience (UX)
6. Data Retention Policy
6a. Robustel Device Data
Data derived from any Robustel device (Gateway, Modem or Router) connected to the RCMS Platform will be stored and accessible inside the platform to users for a maximum period of 3 months.
Robustel Device Data Definition: Device status, signal strength, bandwidth, TX/RX statistics, diagnostic data, location data, configuration data.
Exception: In the event a user elects to remove their device from RCMS they can chose to immediately delete all associated device data linked to their Company Account in RCMS.
Accessing Historical Data: Robustel store and archive a maximum of 12 months of Device Data that can be exported and sent to the user.
6b. User Data
User Data will be stored indefinitely unless the user is deleted by an account administrator or owner.
User Data Definition: Username, email address, platform settings and preferences.
Exception: If the user is an account Owner a support request must be made to Robustel to fully delete associated data.
NOTE: RCMS uses third party authentication for users, password data is never stored in RCMS
6c. Company Data
Company Data is created when a user creates a new RCMS account, all ‘accounts’ by definition, represent a Company in RCMS. Company data will be stored indefinitely unless an authorised representative requests the Company Account is deleted from RCMS via a support ticket.
Company Data Definition: Company Name, Device Groups, VPN Groups, Device Tags, Device Names, Company Settings, OEM Settings.
7. Limits on liability
You are not entitled to recover damages from Robustel Limited for any indirect or consequential loss, including loss of use, loss of profit, loss of opportunity, damage to reputation or special, exemplary, or punitive damages.
8. Compensation
In the event that the service is unavailable for a period of 72 Hours, customers utilizing a paid license only can claim a replacement license for 1 month for each affected device; these compensatory licenses are offered on request only and not freely given.
9. Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Hong Kong, China
10. Termination of Service/Software End of Life (EoL)
In the event Robustel Limited intend to cease provision of the RCMS Cloud (hosted) service then every provision will be made to inform customers 12 months in advance of this decision.
If financially and commercially feasible Robustel Limited will also continue to provide and support the service a further 12 months from the notification period.
For customers where the RCMS Cloud service has become a critical part of their operations Robustel Limited will make best efforts to provide and help migrate services to an alternative if available.
11. Variation
Robustel Limited reserve the right to alter or update this agreement as necessary, the latest version will always be available at https://rcms-cloud.robustel.net/static/RcmsTermsOfService.html and will supersede the document as it was at the time of application.
By your continued use of the software you give your acceptance of this agreement and any subsequent updates in perpetuity until your account is terminated.
12. Operations Console fair-usage policy
Operations Console (OC) has been priced for ease of use.
To enable this, a fair-usage policy of 10 million MQTT messages, per month per RCMS account applies.
If a customer regularly exceeds 10m messages per calendar month, Robustel reserve the right to:
1 - Contact the customer to optimise configuration of their OC account to reduce
unnecessary/excessive messaging
2 - Request customer upgrade to a higher tier of service with a higher messaging allowance at a higher monthly charge
3 - If an amicable resolution to above cannot be found within 2 months, then Robustel reserve the right to "suspend" the service until the dispute is resolved