Terms and conditions

Welcome to iota-1.com, a website and online service of IOTA-1 (“IOTA-1,” “we,” or “us”).

As part of our ongoing commitment to academic integrity and performance assessment, IOTA-1 is dedicated to maintaining the highest standards of privacy, security, and service quality. Over time, as we’ve refined the IOTA-1 platform, we’ve also enhanced our policies and practices, especially around privacy and security. As part of these improvements, we are introducing a comprehensive privacy policy and updated Terms of Service below. If you have any questions or concerns about these changes, please feel free to reach out to us at connect@iota-1.com.

This page outlines the terms by which you may use the IOTA-1 online and/or mobile services, website, and software provided on or in connection with all of IOTA-1’s services (the “Service”).

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms of Service (the “Terms”) and consent to the collection and use of your information as set forth in the IOTA-1 Privacy Policy, whether or not you are a registered user of our Service. If you do not agree, you may not use the Service. IOTA-1 reserves the right to make unilateral modifications to these terms and will notify users of these changes as described below. These Terms apply to all visitors, users, and others who access the Service (“Users”).

In the event that IOTA-1 and any School (as defined below) have entered into a separate agreement for the Services, such agreement shall govern to the extent that any terms directly conflict with the provisions of these Terms.

For your convenience, we have included headings and summaries in each section; however, these summaries are not intended to limit the Terms and shall not affect or limit in any way the meaning or interpretation of the Terms.

1. Use of Our Service

Summary: To use the Service, you must be able to form a binding contract and create an account. You are responsible for and warrant authority over all of your user activity. Your use must not disrupt or interfere with the Service.

Eligibility

You may use the Service only if you can form a binding contract with IOTA-1, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

IOTA-1 Service

Subject to the terms and conditions of these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. IOTA-1 reserves all rights not expressly granted herein in the Service and the IOTA-1 Content (as defined below). IOTA-1 may terminate this license at any time for any reason or no reason.

IOTA-1 Accounts

Your IOTA-1 account provides you access to services and functionality that we may establish and maintain from time to time and at our sole discretion. We may offer different types of accounts for various types of Users.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information updated. You are solely responsible for all activity that occurs on your account, and you must keep your account password secure. We encourage you to use strong passwords (combinations of upper and lower case letters, numbers, and symbols) with your account, and enforce a minimum length. You must notify IOTA-1 immediately of any security breach or unauthorized use of your account by emailing connect@iota-1.com. IOTA-1 will not be liable for any losses caused by unauthorized use of your account.

Teachers: If you are using your account as a teacher, professor, or other instructor (a “Teacher”) and use the Service to add or invite any students (“Students”) to access and use the Service, you represent and warrant that you have authority to act on behalf of your school, university, or other institution (the “School”) and that your use of the Service, including adding or inviting students, does not violate any agreement between you and the School.
Schools: If you are a School using the Service to add or invite any Students to access and use the Service, to access Educational Records, or in any other manner, you represent and warrant that you have the authority to do so. You may control your User profile and interact with the Service by adjusting settings on your settings page. By providing IOTA-1 your email address, you consent to us using the email address to send you Service-related notices, including notices required by law, in lieu of postal mail. We may also use your email to send other messages, such as changes to features of the Service and special offers, as detailed in our Privacy Policy.

Service Rules

You agree not to engage in any of the following prohibited activities:

copying, distributing, or disclosing any part of the Service in any medium, including by any automated or non-automated “scraping”;
using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more requests to the IOTA-1 servers than a human can reasonably produce in the same period by using a conventional online web browser (except that IOTA-1 grants the operators of public search engines revocable permission to use spiders to copy publicly-available materials from our site solely for the purpose of creating publicly searchable indices of the materials, but not caches or archives of such materials);
transmitting spam, chain letters, or other unsolicited emails;
attempting to interfere with, compromise system integrity or security, or decipher any transmissions to or from the servers running the Service;
taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Service;
collecting or harvesting any personally identifiable information, including account names, from the Service;
using the Service for any commercial solicitation purposes;
impersonating another person, misrepresenting your affiliation with a person or entity, conducting fraud, or hiding your identity;
interfering with the proper working of the Service;
accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
bypassing the measures we may use to prevent or restrict access to the Service, including features that prevent or restrict use or copying of content or enforce limitations on the use of the Service or content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you remain bound by these Terms.

You are solely responsible for your interactions with other IOTA-1 Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. IOTA-1 shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. User Content

Summary: The content you post or generate on the Service is yours, and you warrant that you have all rights to provide it. You agree that others (technical team members of iota-1) may have access to your content, in accordance with your settings and these terms. You cannot post content that is criminal, harmful, or in violation of your school’s policies.

Some areas of the Service allow Users to post or provide content such as profile information, tests and questions, grading rubrics, comments, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). “User Content” shall also include Teacher feedback, educational records, grades, edits, (collectively, “Educational Records”) or other Student content. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and these Terms. IOTA-1 has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post User Content that:

May constitute or contribute to a crime or tort;
Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; or Violates any school or other applicable policy, including those related to cheating or ethics.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. If you are an instructor or teacher, you represent and warrant that you have the right to provide any User Content, including without limitation any tests or classroom materials that you provide to the Service. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. You understand that publishing your User Content on the Service is not a substitute for registering it with the appropriate copyright office or rights organization.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:

You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use.

You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

Your User Content and IOTA-1’s use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

IOTA-1 may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

IOTA-1 takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that IOTA-1 shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

3. User Content License Grant

Summary: You grant us license to use your content; we will only use it on an aggregated, non-identifiable basis, or in accordance with your settings.

By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant and hereby grant to IOTA-1 a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license, subject to the restrictions set forth below to reproduce, modify, publish, publicly display, make derivative works and otherwise use such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and IOTA-1’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, IOTA-1 will only use your User Content as you provide in your settings page.

If you are a Student, you agree that IOTA-1 may make your User Content available to your Teacher(s) and School(s), for the purposes of improving the IOTA-1 services only and at all times on a confidential basis, may use your Educational Records solely on an aggregated, de-identified basis, and will not share such information with third parties.

If you are a Teacher or School, you agree that IOTA-1 may (i) make specific Educational Records available to the applicable Student, and (ii) for the purposes of improving the IOTA-1 services only and at all times on a confidential basis, otherwise use your Educational Records on an aggregated, de-identified basis and will not share such information with third parties.

5. IOTA-1 Property

Summary: We own some content on the Service, and have ultimate authority over its presence, with no liability of any kind.

The IOTA-1 service contains data, information, and other content not owned by you (“IOTA-1 Property”). You understand and agree that regardless of terminology used, IOTA-1 Property represents a limited license right governed solely by the terms of these Terms and available for distribution at IOTA-1’s sole discretion. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of IOTA-1 on IOTA-1’s servers, including without limitation any data representing or embodying any or all of your IOTA-1 Property. You agree that IOTA-1 has the absolute right to manage, regulate, control, modify and/or eliminate IOTA-1 Property as it sees fit in its sole discretion, in any general or specific case, and that IOTA-1 will have no liability to you based on its exercise of such right. All data on IOTA-1

6. Privacy

Summary: We know privacy and security are paramount. We have a separate policy completely dedicated to privacy, which you should read. In brief: we use cookies, do not allow third-party advertising based on user activity, fully comply with FERPA, and use data to improve our Service.

Student Data

If you are a Teacher or School that will be providing IOTA-1 access to Student Data (as defined below) via the IOTA-1 service, you authorize IOTA-1 to access your student information systems (“SIS”) or receive Student Data or other information via SIS, Secure File Transfer Protocol (“SFTP”), or other secure transfer method for the purpose of providing the Service. “Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us. Student Data may include “educational records” as defined in the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).

Confidentiality

IOTA-1 agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, including the IOTA-1 Privacy Policy, available at IOTA-1.com/privacy.

IOTA-1 Access

You authorize IOTA-1 to access and process Student Data solely for the purposes of providing the Service, as an outsourced institutional function pursuant to FERPA 34 CFR Part 99.31(a)(1). As between IOTA-1 and School or Teacher, School or Teacher owns right, title, and interest to all Student Data you provide or otherwise make available to us, and IOTA-1 does not own, control, or license such Student Data, except so as to provide the Service described herein. You acknowledge and agree that, as between the parties, you are solely responsible for any and all Student Data, whether provided by Teacher, School, Student or any other third-party.

Third-Party Access

By submitting Student Data to IOTA-1, you consent to allow IOTA-1 to provide access to Student Data to its employees and to certain third-party service providers which have a legitimate need to access such information in connection with their responsibilities in providing the Service. IOTA-1 and its employees, subcontractors, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data that includes personally identifiable information and shall not redisclose such data except as necessary in order to provide the Service or pursuant to the consent and direction of School or a Student over age 18. IOTA-1 will maintain access log(s) that record all disclosures of or access to Student Data within its possession and will provide copies of an access log(s) to you upon request.

Use of Student Data

By submitting Student Data or other information to the IOTA-1 service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to IOTA-1 a non-exclusive, royalty-free, worldwide license during the term of these Terms to use, transmit, distribute, modify, reproduce, display, create derivative works of, and store the Student Data solely for the purposes of (i) providing the Services as contemplated in these Terms, and (ii) enforcing its rights under these Terms.

Children’s Data Privacy

IOTA-1 relies on each school to obtain and provide appropriate consent and disclosures, if necessary, to allow students to access the IOTA-1 service.

You represent and warrant that you have the authority to provide Student Data to IOTA-1, and that you have provided appropriate disclosures to students and parents regarding your sharing of Student Data with service providers such as IOTA-1, if needed. We recommend that you provide a copy of our Privacy Policy to parents and guardians.

Anonymized Data

You agree that IOTA-1 may collect, analyze, and use data derived from Student Data, including de-identified, aggregated or anonymized Student Data, as well as data about your, and other users’ access and use of the Service, for purposes of operating, analyzing, improving, or marketing the Service and for the purpose of providing analytic services to the School or to other Schools. If IOTA-1 shares or publicly discloses information (e.g., in marketing materials, in application development, or with third parties) that is derived from Student Data, such data will be de-identified to reasonably avoid identification of a specific school or individual. You further agree that IOTA-1 will have the right, both during and after the Term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the de-identified, aggregated or anonymized data solely for the purposes of improving IOTA-1 services.

Deletion Requests

You may request that IOTA-1 delete Student Data in IOTA-1’s possession at any time by providing such a request in writing, which request IOTA-1 shall then comply with in a commercially reasonable time. IOTA-1 is not required to delete data derived from Student Data, including de-identified, aggregated or anonymized Student Data.

Change of Control

By submitting Student Data to the IOTA-1 service, you consent to allow IOTA-1 to transfer Student Data to a new provider in the event that IOTA-1 sells, divests or transfers the business or a portion of the business, provided that the new provider has agreed to data privacy standards no less stringent than those set forth in these Terms. We may also transfer personal information – under the same conditions – in the course of mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of our business.

7. Security

Summary: We know privacy and security are paramount. We follow industry standards to ensure the security of your personal information.

IOTA-1 uses commercially reasonable and appropriate physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. Paid Services

Summary: We may charge for some Services, and if you decide to use them, you will need to agree to our prices. We will let you know if our prices change.

Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. Schools may elect to pay the fees or charges of other Users (such as Teachers). If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. You also agree to be bound by the specific terms included in any order form, statement of work, or the like (if applicable) to which you indicate your acceptance (for instance, by signing the document, via online click-through acceptance, or by making related payments to IOTA-1). IOTA-1 may add new services to the IOTA-1 service for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Mobile Charges

You may use mobile data in connection with IOTA-1’s mobile software applications and/or sign up to receive certain IOTA-1 notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

9. Mobile Software

Summary: Our Services may be offered via mobile apps, for which we’ll need to give you a license. You can’t do things like resell or reverse engineer our apps. This agreement is between you and us, not Apple (even if you got the app from Apple).

Mobile Software

We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. IOTA-1 does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. IOTA-1 hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one IOTA-1 account on one mobile device owned or leased solely by you, for your personal use. You may not:

Modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
Make any copies of the Mobile Software;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software;
Delete the copyright and other proprietary rights notices on the Mobile Software.

10. DMCA Notice

Summary: If content hosted on our Service or website infringes your copyright, please alert us in accordance with the DMCA.

Since we respect artists’ and content owners’ rights, it is IOTA-1’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify IOTA-1’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit IOTA-1 to contact you, such as your address, telephone number, and email address;
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 above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

IOTA-1

Email: connect@iota-1.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying IOTA-1 and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with IOTA-1’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, IOTA-1 has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. IOTA-1 may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by IOTA-1. IOTA-1 does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and IOTA-1’s Privacy Policy do not apply to your use of such sites. You expressly relieve IOTA-1 from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that IOTA-1 shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Summary: The Service may contain links to third-party websites (such as Facebook or Twitter). We are not responsible for the content of those sites, nor can we control them.

12. Indemnity

You agree to defend, indemnify, and hold harmless IOTA-1 and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of and access to the Service, including any data or content transmitted or received by you;
Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
Your violation of any applicable law, rule, or regulation;
User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information;
Your willful misconduct; or
Any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

Summary: If you violate these Terms or otherwise misuse the Service and we suffer any losses or suits, you will have to defend us and cover our losses.

13. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IOTA-1 OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, IOTA-1, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. IOTA-1 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND IOTA-1 WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Summary: The service is provided AS IS and we make no warranties with respect to the Service.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IOTA-1, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL IOTA-1 BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IOTA-1 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL IOTA-1, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO IOTA-1 HEREUNDER OR $100.00, WHICHEVER IS GREATER.

Summary: We have limited liability with respect to these Terms.

15. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

These Terms are governed by and construed in accordance with the laws of Pakistan, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Lahore, Punjab for any legal actions or proceedings relating to these Terms. Any dispute or claim relating to these Terms or your use of the Service shall be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify. You agree to waive any right to a jury trial or to participate in any class action or class arbitration.

Summary: This Agreement will be governed by laws and requires binding arbitration for disputes..

16. General

Summary: We may notify you by emailing you or by posting a notification on our website. These terms and our Privacy Policy are the complete agreement between us, unless we have additional agreements as described below.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IOTA-1 without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to these Terms

IOTA-1 may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by IOTA-1 in our sole discretion. IOTA-1 reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. IOTA-1 is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. IOTA-1 may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with IOTA-1 in connection with the Service, shall constitute the entire agreement between you and IOTA-1 concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and IOTA-1’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact

Please contact us with any questions regarding these Terms.

Email: connect@iota-1.com