T & C of Bongo IoT

1. Introduction

Welcome to the platform of Bongo IoT.
Bongo IoT is an intelligent platform for asset management automaton, constantly endeavoring to connects an organization's assets, processes, and people under one umbrella. “Bongo IoT”is powered by Bongo Technology Ltd. with its Corporate Office at House 1102 (1 st floor), Road 2/B, Sector 05, Uttara, Dhaka- 1230- filed under Bangladesh 1994 Company Act.
This document explains the terms by which you may use our applications, website and software (collectively “platform”) provided on or in connection with the services (collectively the “Services”). In this document, by “the company”, “we” or “us” we refer “Bongo IoT” and the teams.
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Service and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Services. This Terms of Service apply to all visitors, users, and others who access the Services (“Users”).
The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between the User and Bongo IoT. This agreement is subject to change anytime without prior notice. We may modify or change the terms and conditions and the new agreement shall be in effect as soon as it is uploaded on our platform. We recommend you to read the document every time before using the Service of Bongo IoT. If you do not agree to or fall within these terms and wish to discontinue using our platform, please do not continue using the Application (as defined below) or the software.

2. Acceptance of the Terms

You must be of legal age in order to accept the Terms. If you do not agree to these Terms, do not use any of our Services. You can accept the Terms by registering in the Services or by actually using the Services.

3. Description of Services

Bongo IoT’s offerings include digital platforms, innovative IoT & telematics solutions, and sustainable integration services for different industries. The digital platform provides an array of services such as real-time asset and fleet tracking, trip/task history overview, geofencing, geo-based notifications, field task management, real-time communication, fleet costs calculation, fuel consumption, vehicle maintenance scheduling, related Apps, tools and support services. You may use the Services for providing different solutions for various vertical markets. You may connect to the Services using any Internet browser and mobile device supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

Others Definitions:
Hosted Software – means the specific software located in Bongo IoT Data Center.
Update – means a revision or patch that improves the functionality of Hosted Software, and may contain new features or enhancements.
Bongo IoT grants to Customer a time limited access to Hosted Software. Access is non-assignable, non- transferable, without the right to sub-license.

4. Software License Related Terms

▪ Documentation License
Subject to the terms and conditions of this agreement, Bongo IoT grants to Customer a non- assignable, non-transferable license, without the right to sub-license, to use the Documentation in connection with Customer’s authorized use of Hosted Software. Customer may not reproduce or distribute the Documentation in any manner, whether physically or electronically, without the express written permission of Bongo IoT.
▪ Language file License
Hosted Software is provided with all available language files.
▪ Ownership
Hosted Software and source codes belong to Bongo IoT. Source code files are not provided.
▪ Up-time
Bongo IoT guarantees 99.99% server up-time. This excludes scheduled maintenance, emergency maintenance, DDoS attacks, force majeure and hardware failures within your server.
▪ Technical Support
Bongo IoT agrees to provide Customer with technical support services which include periodic distribution of bug fixes and minor enhancements as Updates. Technical support e-mail inquiries are accepted at any time and will be answered during normal Bongo IoT business hours. Bongo IoT will attempt to respond to inquiries within 12 hours for requests from Saturday to Thursday and for requests received during the weekend, we will respond within 24 hours or the following Saturday.

5. Payment

For the software license payment, the customer will be following the financial part of that particular agreement as developed for the software license service.
For the subscription model use- “Pay per use”, the following terms will be applicable for the User:
As per our service level agreement, any fees which we may charge you for the service, are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate or suspend your usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever.
▪ Service fees are charged on monthly basis, unless agreed otherwise between the Parties. Services are billed at the beginning of each month.
▪ All payments should be cleared of any applicable taxes and fees for bank transfer (for payments made through the regular wire bank transfer). All the applicable taxes (such as VAT) should be paid by you according to your local legislation.
▪ The company reserves the right to modify and change its fees and charges from time to time with the prior notice of at least 30 days before the changes come into effect by sending you an email.
▪ By using Bongo IoT platform third-party payment processors, you agree to their terms of service.
▪ All fees and charges are non-refundable, which means that there are no refunds or credits for periods where you did not use the Services or used it partially.

6. Platform & Hardware Performances

▪ Bongo IoT operates as a system integrator platform and provides IoT solutions to its clients. Bongo IoT never guarantees data accuracy because the data accuracy depends on the SIM card's network which is beyond scope of Bongo IoT’s control.
▪ Due to SIM card network limitations in parking or remote areas, video data will not be available in the cloud server in real-time. However, the backup data of that time will be stored in the memory card and will continue to be uploaded to the cloud server when the SIM card reaches the network range.
▪ Also note that the availability of live data from the software depends on the SIM card network and on the performance of hardware.
▪ Bongo IoT never guarantees the performance of hardware as it lies on the scope of hardware manufacturer.

7. Personal Information and Privacy

Personal information you provide to Bongo IoT platform through the Service is governed by Bongo IoT Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Bongo IoT Privacy Policy. You are responsible for maintaining confidentiality of your user name, password and other sensitive information.
Bongo IoT Privacy Policy link: https://www.bongoiot.com/privacy-policy

8. Subscription to Demo Platform

We may offer certain Services as demo platform for the purpose of testing and evaluation. You agree that we have the right to determine the period of time for testing and evaluation of demo services. We will be the sole judge of the success of such testing and the decision, if any, to convert demo services as commercial services which also depends on mutual understand between the company and you. We reserve the right to fully or partially discontinue to offer the trail services of demo platform with or without notice to you. You agree that Bongo IoT will not be liable to you or to any third-party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the demo platform for any reason.

9. Modifications to Services

Bongo IoT reserves the right to modify the platform and it services or any part of the services from time to time without prior notice, including:
▪ Rebranding the Bongo IoT platform at its sole discretion;
▪ Ceasing providing or discontinuing the development any particular service of Bongo IoT or part, element or feature of the Services temporarily or permanently;
▪ Taking such action as is necessary to preserve Bongo IoT’s rights upon any use of the Bongo IoT platform that may be reasonably interpreted as violation of Bongo IoT’s intellectual property rights or illegal activity.
If you continue the use of the Bongo IoT platform, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications.

10. Prohibited Activities

You may use Bongo IoT platform for the purposes identified in these Terms and applicable law. You are not allowed to:
▪ Use the Bongo IoT platform and its Services or any part, element or feature of the Services to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
▪ Copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Bongo IoT platform or any part or element thereof, or attempt to extract the source code thereof.
The company does not allow hidden tracking or tracking of a person without his/her permission, or assets without the owner’s permission.

11. Termination

You may terminate your use of the Services at any time by sending a notice to the Company at least 30 days prior to the date of termination.
The company may unilaterally block your use of the Services including the suspension of access to your account if you fail to comply with or violate terms and conditions defined by the Terms of Service.
In such case, Bongo IoT shall send you a notice prior to the date of termination.
In the event of termination, you will continue to be responsible for any fees and/or charges you have incurred prior to the termination.

12. Intellectual Property Rights

Bongo Technology Ltd. is the sole owner or lawful licensee of all the rights to the website/Application and its content of Bongo IoT platform. Bongo IoT platform’s name, logo, the Service, the Software and/or the Application and the third-party integrators’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. The Terms of Use for the User do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.
Any content and software made for this service (available to you) are protected by copyright, trade dress, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Your use of the Bongo IoT platform and its Services and marketing materials, and any parts or elements does not grant you any ownership right or intellectual property rights.
Bongo IoT reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Bongo IoT platform and its Service, or if Bongo IoT believes that User(s) conduct is harmful to the interests of Bongo IoT, its affiliates, or other partners and users, or for any other reason in Bongo IoT's sole discretion, with or without cause.

13. Indemnification

You agree to defend, indemnify and hold harmless Bongo IoT and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Bongo IoT platform, its marketing aterials, representations made to the Bongo IoT platform, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Bongo IoT reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bongo IoT, and you agree to cooperate with such defense of these claims.

14. Disclaimer of Warranties

You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Bongo IoT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Bongo IoT makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, smart phone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Bongo IoT, its employees or representatives shall create any warranty not expressly stated in the terms of services.
In another event, Bongo IoT will not be responsible if User(s) gets summed by any legal action because of breaching the terms and conditions or miss-presentation of any information to the end-customer(s) and vice –versa.

15. Confidentiality

You shall not disclose any information relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company received under the contract of service with the Company to any third party. Access to any information which pertains to business of Bongo IoT shall be kept confidential to the extent it might adversely impact Bongo IoT’s business. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement. You shall be liable to indemnify Bongo IoT against any loss of business or reputation due to the act of yours.
You must not disclose the credentials provided to you to use the platform during the contract period.

16. Dispute Resolution

In the event of a dispute between you and Bongo IoT on matters specified in the Terms of Service or in connection therewith, Bongo IoT and you will take all measures to resolve them through negotiations.
If no settlement during negotiations, the disputes shall be resolved in the court defined by Bongo IoT.

17. Technical Support Regulations

▪ Technical support is available and provided only to authorized Bongo IoT Partners (i.e., technology partner, system integrators and others).
▪ Technical supports for data center, SaaS (Software as a Service) platform, on-premise and cloud server infrastructure is available based on the agreement terms with subscription.

Grievance Redressal

For any grievances related to Terms and Conditions for Use of Platform please contact at
info@bongoiot.com
General questions regarding the Bongo IoT platform and its Services should be sent
to support@bongoiot.com
Legal notices shall be mailed to:
Bongo technology Ltd.
House: 1102 (1st Floor), Road 2/B
Sector 5, Uttara, Dhaka-1230