PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICES AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OUR WEBSITES, PRODUCTS OR SERVICES. IF YOU ARE USING THE APMSYS PRODUCTS OR SERVICES ON BEHALF OF ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON SUCH ENTITY’S BEHALF AND THAT SUCH ENTITY AGREES TO BE RESPONSIBLE TO US IF YOU VIOLATE THESE TERMS.

ADVANCED PRODUCTS PORTUGAL – IMPORT, EXPORT, LDA, and its affiliates (collectively, “APMSYS” “we” or “us”) designs products and tools that track temperature, humidity, and other environmental conditions in various environments. These Terms of Service (“Terms”) govern:
your purchase of APMSYS products (“Products”);
your access to and use of, our websites (the “Sites”);
your use of the software embedded in the Products, any APMSYS mobile applications (“Apps”), and any application programming interface (“API”) made available to you in connection with your use of the Products, including any updates thereto (collectively the “Software”);
your use of any cloud-based data storage services and related functionality that we make available in connection with the Products (the “APMSYS Gateway”) and any support we may provide in connection with our offerings (“Support,” and collectively with the APMSYS Gateway, the “Services”); and
your use of content and other materials provided by or on behalf of APMSYS in connection with the Products, Sites, Apps and API, including, without limitation, the APMSYS logo and all designs, text, graphics, pictures, information, data, code, documentation, labeling, packaging, and the selection and arrangement thereof (collectively, “APMSYS Content”).
We may modify the Terms at any time, in our sole discretion. If you continue to use the Sites, Software, or Services after we’ve notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may no longer use the Sites, Software or Services. Because our offerings continue to evolve, we may change or discontinue all or any part of the Software or Services, at any time and without notice, in our sole discretion.

Privacy:
 Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Limited Warranty:
 The APMSYS hardware product you have purchased (“Product”) is subject to the following limited warranty (“Limited Warranty”). This Limited Warranty contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you, in connection with your use of the Product.

APMSYS warrants that the Product will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (the ”Warranty Period”). Subject to the “Claims Process,” described below, if a defect in the Product arises within the Warranty Period, APMSYS will, subject to applicable laws, have the option, in its sole discretion to: (a) repair or replace the covered unit with a new or refurbished Product or Product component; or (b) refund the original unit purchase price upon the return of the defective Product.

What This Limited Warranty Does Not Cover:
 This Limited Warranty does not cover the following: (a) Products marked as ‘sample’ or ‘Not for Sale’, or sold ‘AS IS’; (b) Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs; (ii) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by APMSYS; (iii) abuse or misuse of the Product; (iv) breakdowns, fluctuations, or interruptions in electric power or telecommunications network; (v) where the Product is used with a jailbroken or rooted mobile device; (vi) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (vii) use of the Product with any non-APMSYS-branded hardware products, even if packaged or sold with such products; or (c) defects in the Sites, Apps, API, Services, or APMSYS Content. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product.

Limited Warranty Claims Process:
 To initiate a Warranty Claim, you must supply details regarding the date and method of Product purchase and the issue encountered with the Product. Please email our team at support@apmsy.com or you may visit https://www.apmsy.com/support.
If we determine that you have submitted a valid claim as the original purchaser of the Product prior to the end of the Warranty Period, we will send you a Return Material Authorization (“RMA”). An RMA is required in order to return any Product to APMSYS. You must return the defective Product together with proof of Product purchase from APMSYS or an authorized APMSYS reseller, including date of delivery, to the address specified by us in the RMA. You shall bear all costs of returning the Product to APMSYS, including any insurance you elect to purchase. APMSYS is not responsible for any Product lost or destroyed in shipping during the Claims Process.
You acknowledge and agree that by mailing the Product to us, APMSYS may not return the original Product to you. Upon receipt of the returned Product, APMSYS will determine whether you have met the requirements of the Claims Process. If the Limited Warranty claim is accepted, we will, in our sole discretion: (a) refund amounts paid by you for the Product; or (b) repair or replace the Product and return it to you at our expense. Any such repaired or replaced Product shall be covered by the Limited Warranty for the remainder of the original Warranty Period… If we determine that you have not met the requirements of the Claims Process, we will, in our sole discretion, return the Product to you (subject to your prepayment of shipping costs) or dispose of the Product.

Disclaimer Of Warranties:
 EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY ABOVE, THE PRODUCTS, SITES, SOFTWARE, SERVICES, AND APMSYS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APMSYS DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT MEASUREMENTS OR RELATED INFORMATION OR DATA YOU RECEIVE THROUGH THE SOFTWARE OR THE SERVICES (“Product Data”) WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT DATA OR USE OF THE PRODUCTS, SERVICES, APPS, API OR APMSYS CONTENT WILL PROTECT YOUR PREMISES OR YOUR PERSONAL PROPERTY FROM ANY DAMAGE OR DESTRUCTION. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT, PRODUCT DATA, SOFTWARE, SERVICES AND APMSYS CONTENT, ARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND APMSYS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER REAL AND PERSONAL PROPERTY, RESULTING FROM YOUR USE OF THE PRODUCT, PRODUCT DATA, SOFTWARE, SERVICES AND APMSYS CONTENT.

Limitation Of Liability:
 YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL APMSYS, OR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“APMSYS Parties”) BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY (INCLUDING DEATH); FOR LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS, SITES, SOFTWARE, SERVICES, OR APMSYS CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE OR OTHERWISE; OR (B) ANY DIRECT DAMAGES INCURRED BY THE ORIGINAL PURCHASER IN EXCESS OF THE AMOUNTS ACTUALLY PAID FOR THE PRODUCT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the liability of APMSYS Parties shall be the minimum permitted under applicable law.

Use Of Services:
 The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you (a) are 13 years of age or older; (b) have not been previously suspended or removed from the Services; (c) do not have more than one online account with APMSYS; and (d) have full power and authority to be bound by these Terms and that, in doing so, you will not violate any other agreement to which you are a party.
You may connect to the APMSYS Gateway using a device that is manufactured, distributed, or sold by or on behalf of APMSYS; the Apps; the APMSYS API; approved third-party applications; or our Sites. You may not connect to the APMSYS Gateway with: (a) any device that is not manufactured, distributed, or sold by or on behalf of APMSYS (such as a knock off or counterfeit version of a Product); (b) any device that intends to resemble or purports to be a The Product or APMSYS-compatible Product; or (c) any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the APMSYS Gateway. If you have questions about whether we have authorized any third party product or application to access the APMSYS Gateway, please contact support@apmsy.com.

Necessary Equipment:
 Full use of the APMSYS Gateway is dependent upon your use of a supported mobile device and Internet access. Costs associated therewith are your sole responsibility. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality.

Registration And Account: 
In order to access and use certain features of the Services, you may be required to register for an online account. In order to create an account, you must provide a valid email address and strong password. You are responsible for all activity that occurs in association with your account. APMSYS is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. We may need to contact you about your use of the APMSYS Gateway. These communications are part of the Services and you may not opt-out from receiving them. In consideration for your use of the Services, you agree to: (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.

Alerts And Notifications:
 As part of the Services, you may receive push notifications, text messages, alerts, emails, or other types of messages sent to you within or outside the Apps (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages (with the possible exception of infrequent, important service announcements and administrative messages) through the Apps or otherwise through your mobile device. Please be aware that third party messaging fees may occur for Push Messages depending on the message plan you have with your wireless carrier.

Intellectual Property Rights And Licenses: 
You hereby expressly acknowledge that APMSYS or its licensors own all legal right, title and interest in the Sites, Software, Services, and APMSYS Content. APMSYS reserves all rights not expressly granted in and to the Sites, Software, Services and APMSYS Content. APMSYS and the APMSYS logo are trademarks that belong to APMSYS. Other trademarks, names and logos associated with the APMSYS offerings are the property of their respective owners. Unless otherwise specified in these Terms, all Product Data is the sole property of APMSYS or its partners or licensors.

APMSYS grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites, Software, Services, APMSYS Content and Product Data solely for your personal, non-commercial use in connection with the Products, and solely in accordance with these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license (including sub-license), transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any of your rights to access and use the Sites, Software, Services, APMSYS Content, or Product Data, or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by APMSYS or its licensors, except for the licenses and rights expressly granted in these Terms.

If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, Sites, Software, Services, or APMSYS Content (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

Limitations Of The Software And Services:
 At APMSYS, we strive to provide helpful and accurate information to you through the APMSYS Gateway, the Apps and the API. The accuracy of the Product Data collected and presented through the Services, the Apps, and the API are not intended to match that of medical devices or scientific measurement devices. While we aim for the Services, the Apps, and the API to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The APMSYS Gateway, the Apps, and the API are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi and network intermittency, service provider uptime, mobile device providers and carriers, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the Services, the Apps, or the API. You acknowledge and agree that the Services, whether standing alone or when interfaced with third-party products or services are not intended or certified for emergency response. We make no warranty or representation that use of the Services, the Apps, or the API with any third-party product or service will result in any level of safety. We are not responsible for the accuracy, reliability, effectiveness, or correct use of Product Data. If you rely on any APMSYS Content or Product Data, you do so solely at your own risk.

Limitations On Use Of The API:
 We may from time to time provide you with an API to facilitate your access to and use of the Services. The API is subject to withdrawal or change at any time and APMSYS shall have no liability for any failure of an API to operate following any changes to the Products, Software or Services. APMSYS makes no representation with respect to the accuracy of any Product Data resulting from use of an API. If you utilize an API, you agree to limit queries to a maximum of one (1) per minute. APMSYS may suspend or terminate your access to the Services through the API for any failure by you, or those acting on your behalf, to adhere to such limit or comply with these Terms in any respect.

Customer Content:
 You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (“Customer Content”), and its legality, reliability, and appropriateness. You should only upload or post Customer Content that you create or have the right to use and publish. By uploading or posting your Customer Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Customer Content in connection with providing the Services. You agree that we can also make your Customer Content available to other users of the Services, who may view and/or use your Customer Content, subject to these Terms.

Customer Content Enforcement: 
We have the right (but not the obligation) to review any or all portions of Customer Content and delete (or modify) any of Customer Content from the Services for any reason, including if we believe, in our sole judgment, your Customer Content violates these Terms, or threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action if you violate any provision of these Terms, including removing your Customer Content from the Services (or modifying it), suspending or terminating your account, suspending or terminating your access to the Services, or reporting you to law enforcement authorities. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or Customer Content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Customer Content, and your conduct.

General Prohibitions:
 You agree not to do any of the following in connection with your use of the Products, Sites, Software, and Services:
• Use the APMSYS Gateway, APMSYS Content, APMSYS Data, the Apps, or the API for any commercial purpose or for the benefit of any third party, or in any manner not permitted by these Terms;

• Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
• Intercept or “sniff” the communication packets between the Products and mobile devices or attempt to reverse engineer any APMSYS Software or protocol;
• Access, tamper with, or use non-public areas of the APMSYS Gateway, APMSYS computer systems, or the technical delivery systems of APMSYS providers;
• Interfere with, or attempt to interfere with, the access of any user, host or network to the APMSYS Gateway including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Attempt to access or search the Sites or Services or download Product Data or APMSYS Content from the Sites or Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than any such functionality provided by APMSYS or the search functions of any generally available third party web browser;
• Submit or transmit any Customer Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes.
• Encourage or enable any other individual to do any of the foregoing.

Indemnity: 
You will indemnify and hold harmless the APMSYS Parties, as defined above, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the API, the Apps, the Sites or the Services, (ii) Customer Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Copyright Policy: 
It is our policy to remove, or disable access to, material that infringes any third party copyright on the Sites or accessible through the Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on the Sites or through the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services;
your address, telephone number, and e-mail address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at support@apmsy.com or by mail addressed toADVANCED PRODUCTS PORTUGAL – IMPORT, EXPORT, LDA, RUA ENG. FREDERICO ULRICH, 3210, PISO 2 SALA 214, 4470-605 MAIA.

Third-Party Links:
 The Sites and the Services may contain links to content or services provided by third parties (“Third -Party Links”). These Third-Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third-Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third-Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third-Party Links are subject to their own terms and policies, including privacy and data gathering practices.

Termination:
 You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the API or Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to the Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access your account or any Customer Content or Product Data associated therewith.

Dispute Resolution:
 You agree that any dispute between you and APMSYS arising out of or relating to these Terms, the Products, or the Services (collectively, “Disputes”) will be subject to the following:

Informal Dispute Resolution: We want to address your concerns without resorting to legal action. Before filing a claim against APMSYS, you agree to try to resolve the Dispute informally by contacting support@apmsy.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or APMSYS may bring a formal proceeding.

We Both Agree to Arbitrate: You and APMSYS agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting support@apmsy.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States County where you live or work, Brooklyn, New York, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. APMSYS will pay all arbitration fees for claims less than $75,000. APMSYS will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or APMSYS may assert claims, if they qualify, in small claims court located in Brooklyn (NY) or in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use of the Services, Software or APMSYS or Customer Content, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

Governing Law: The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State New York without regard to its conflict of laws principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

No Class Actions: You may only resolve Disputes with APMSYS on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under these Terms.

Judicial Forum for Disputes: You and APMSYS agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Kings County, New York. Both you and APMSYS irrevocably consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related in any way to your use of the Products must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Provisions:
 These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. APMSYS may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by APMSYS under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; (ii) by posting to a Site; or (iii) through an App push notification. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

APMSYS’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of APMSYS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Please contact us if you have any questions about these Terms: support@apmsy.com.