Account and Registration

In order to use certain of the Services, you must create an account by selecting a username and password and providing certain registration information like your name and a valid email address. Your registration information must be true, complete and current and you must keep that information true, complete and current after you create an account. We may contact you to confirm some or all of your registration information.

After creating an account, you may be able to access keys, secrets and/or tokens (“Access Credentials”) that enable you or your applications to interact with the Developer Tools. You are responsible for keeping Access Credentials secure and confidential. You agree not to falsify or alter any Access Credentials assigned to you or to obscure or alter the source, location or any other identifying information of API calls coming from you or your Applications.

You are responsible for all activity that occurs through your account and/or your Access Credentials. You will contact us through our support tools on the site if you become aware of suspected or actual misuse or compromise of your account or Access Credentials, or if your account information is lost or stolen. We will not be liable for any loss or damage arising from your failure to comply with this section.

Restrictions on Use of Services

You may not register for, access or use the Services if (i) you are under the age of 13 or (ii) you are barred from using the Services under the laws of the United States or the country in which you reside or from which you access the Services.

You agree to use the Services for lawful purposes only. Except as otherwise explicitly permitted in these Terms, you agree not to (i) resell, sublicense, lease, assign, redistribute, transfer or otherwise make the Services available to any third party; (ii) modify, copy, harvest, collect, or create derivative works based on the Services; (iii) copy, frame or mirror any part or content of the Services, other than copying or framing for your own internal business purposes for use as permitted under these Terms; (iv) reverse engineer the Services; (v) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services, the Verizon network, or any service provided by or on behalf of Verizon, or any device connected to the Verizon network; (vi) send or store infringing or unlawful material using the Services; (vii) impersonate someone else; (viii) access or use the Services for the purpose of building a competitive product or service or for benchmarking, monitoring availability, comparative analysis or similar purposes; or (ix) remove, alter or destroy any copyright, trademark or other proprietary rights notice displayed on the Services.

You must not propagate any virus, worms, malware, Trojan horses, or other programming routine that could damage the Services. You may not use spiders, robots, data mining techniques or other automated devices or programs to mine, harvest, collect, store, catalog, download or otherwise reproduce, store or distribute Content available on the Services. You may not use any such automated means to manipulate the Services or attempt to exceed the limited authorization and access granted to you under these Terms. You agree to regularly monitor your Devices, Applications and users for any issue that may compromise the security of the Services (“Security Issue”). We may, without obligation, monitor your use of the Services to verify your compliance with these Terms and to identify an actual or potential Security Issue.

We may impose limits on the number or rate of calls made using our APIs. You will not attempt to exceed or bypass these limits, which we may change at any time in our sole discretion.

You will not make any representations, guarantees or commitments to your end users or to anyone else regarding the availability of or functionality supported by the Services.

By registering for and using or accessing the Services, you agree that you are subject to and will comply with the Verizon Acceptable Use Policy.

Use of Customer Data

"Customer Data" means information made available to us through your use of the Services and it may include, without limitation, the following types of information:

●     Information you provide when you submit forms on the ThingSpace sites or communicate with us, like your name, email address and the content of your messages;

●     Information about your Applications and/or their end users when you connect them to ThingSpace using the Developer Tools; and

●     Information our systems log automatically when you use the Services.

The Verizon Privacy Policy describes how we collect, use and store Customer Data. Read it carefully. If you do not agree to the Verizon Privacy Policy, you must stop using the Services.

The Services are operated from the United States. This means that regardless of where you are located or access the Services, all Customer Data made available to us is transferred to, stored and processed in the United States.

We may delete certain Customer Data stored in our systems after a period of time, typically 90 days. We do not guarantee data storage and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.

Proprietary Rights and Ownership

As between you and Verizon, we retain and own all right, title and interest in and to the Services, including, without limitation, all copyrights, trademarks, service marks, patents, trade secrets and other intellectual property rights in the Services, and any modifications, corrections or enhancements thereto. No rights or licenses in the Services are granted to you hereunder other than as expressly set forth in these Terms.

You are welcome to provide us with feedback, comments, ideas, observations and suggestions for improvements, either orally or in writing, regarding the Services (collectively "Feedback"). If you provide us with Feedback, you agree that:

●     Feedback is not confidential and we are free to use or disclose that Feedback for any purpose without any attribution or compensation to you;

●     if we use your Feedback to modify or improve our Services, we will own all the intellectual property rights in those modifications and improvements; and

●     to the extent you provide Feedback, you grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate all intellectual property rights in such Feedback and agree not to assert any related rights against us.

Verizon Trademarks and Logos

The Verizon and ThingSpace names, trade names, trademarks and logos, as well as The Verizon and ThingSpace names, trade names, trademarks and logos, as well as all related product and service names, design marks, logos and slogans, are the property of Verizon and, except as expressly permitted in these Terms, may not be used by you without our prior written consent. You agree that we, in our sole discretion, may use your name, logo and/or domain name on our websites and other promotional materials for the purpose of advertising or publicizing your use of the Services.

Links to Other Sites

The Site may contain links and references to third-party websites, which are provided solely for your convenience. We are not responsible for the content or information contained on such third party websites and inclusion of such links does not imply endorsement of those websites or the content contained thereon.

Export Control

Our Services, including any software or technology provided as part of the Services, may be subject to U.S. export controls laws and regulations, including but not limited to the Export Administration Regulations (“EAR”). You agree that any export, re-export, or retransfer of software and technology we provide under these Terms will comply with all applicable U.S. export controls and economic sanctions laws and regulations, and such compliance will include obtaining any required export licenses or authorizations from the U.S. government. You further agree that you will not export, re-export, or retransfer, directly or indirectly, software or technology provided by us under these Terms in any form to destinations in or nationals of Country Groups E, as specified in Supplement No. 1 to Part 740 of the EAR, to any U.S. Government prohibited or restricted party; or to end users prohibited under the EAR.

Liability for our Services

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE, OR THAT THE SERVICES, IN WHOLE OR IN PART, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE THINGSPACE WEBSITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO ADVICE OR INFORMATION GIVEN BY REPRESENTATIVES OF VERIZON WILL CREATE ANY WARRANTY.

ACCESS AND USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR (I) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, PERFORMANCE OR PROVISION OF, RELIANCE ON OR FAILURE TO PROVIDE THE SERVICES; LOSS OF DATA; YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SERVICES; YOUR USE OR RELIANCE ON CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICES, OR VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES. OUR AGGREGATE, TOTAL LIABILITY FOR DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM OR RELATING TO SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Beta Services

WE MAY OCCASIONALLY MAKE SOME PARTS OF THE SERVICES AVAILABLE TO YOU UNDER AN "ALPHA," "BETA," "PREVIEW" OR OTHER SIMILAR DESIGNATION. ALL SUCH SERVICES ARE REFERRED TO HEREAFTER AS "BETA SERVICES.” BETA SERVICES ARE NOT GENERALLY AVAILABLE TO THE PUBLIC AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR OTHER HARMFUL COMPONENTS. ALL BETA SERVICES ARE PROVIDED STRICTLY "AS IS" WITHOUT WARRANTIES OF ANY KIND. BY USING BETA SERVICES, YOU ACCEPT ALL RISKS AND UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY IN CONNECTION WITH BETA SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless Verizon and its officers, directors, employees, agents, licensors and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) any act or omission by you in connection with use of the Services or related to your Devices, Applications (and their users) or Customer Data; (ii) your violation of these Terms; (iii) any actual or alleged infringement by you of any intellectual property or other right of any person or entity; or (iv) your violation of laws and regulations. You will assume control of the defense and settlement of any claim subject to indemnification by you. We may, however, at any time elect to take over control of the defense and settlement of any such claim. You will not settle any such claim without our prior written consent.

Termination of Account

We may terminate your account for the Services at any time and for any reason upon notice to you. In addition, we may terminate your account without prior notice if: (a) your account reflects a prolonged period of inactivity or infrequent activity; (b) you fail to respond to a claim of alleged infringement within a reasonable time; (c) you violate these Terms or any other applicable policy or other agreement between you and Verizon with respect to the Services.

Survival

Upon termination or expiration of these Terms, all sections that by their nature are intended to survive will so survive, including without limitation: Restrictions, Data, Proprietary Rights, Links, Export Control, Confidentiality, Liability for our Services, Beta Services, Indemnification, Survival, General, Payment of Fees, Suspension for Nonpayment and Taxes.

General

The failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Each parent and affiliate of Verizon shall be a third party beneficiary to these Terms and shall be entitled to enforce and rely upon any provision of these Terms that confers a benefit on (or rights in favor) of them. Each party must comply with all applicable laws in connection with the Services. You may not transfer, assign or delegate the right and/or duties under these Terms without our prior written consent and any attempted assignment or delegation is void. We shall have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Terms. If any portion of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portion(s) will remain in full force and effect, and any invalid or unenforceable portion(s) shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms, and the rest of the Terms shall remain in full force and effect. The relationship between the parties is one of independent contractors. These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. Any legal action, suit or proceeding arising out of or relating to these Terms, must be instituted exclusively in the federal or state courts located in New York, New York. These Terms constitute the entire agreement between you and Verizon with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements.

MARKETPLACE TERMS

ThingSpace Marketplace

ThingSpace Marketplace is an online store for purchasing IoT products and services, including without limitation select Connectivity Plans, Devices and accessories, software subscriptions and end-to-end IoT solutions (collectively “Products”).

Purchases made on the Marketplace are subject to these Marketplace Terms (in addition to the General Terms). Please review them carefully before placing an order.

ALL SALES FINAL

UNLESS WE INDICATE OTHERWISE ON A LISTING PAGE OR ON A CHECKOUT PAGE (“PRODUCT DETAIL PAGE”), THERE ARE NO REFUNDS FOR PURCHASES MADE ON THE MARKETPLACE AND ALL SALES ARE FINAL.

Payment Terms

Types of Charges

Purchases on the Marketplace may be subject to one-time charges, recurring charges or both. In addition, certain Products, like Connectivity Plans, may be subject to usage-based charges that vary from billing period to billing period. 

Subscriptions

Subscriptions purchased on the Marketplace can be managed through the Site. Unless we indicate otherwise on a Product Detail Page or other relevant page on the Site, if you cancel a subscription you will have access to the Product underlying such subscription until the end of the then-current billing period.

Credit Card Registration

In order to make purchases through the Site, you will need to provide a valid US credit card and its associated billing address. This credit card will be your designated payment card (“Payment Card”) for your purchases. You may update your Payment Card at any time with another valid US credit card by updating your billing information.

We will use your account information to contact you about your purchases or charged to your Payment Card. So long as you have an active account, you are responsible for ensuring that we can contact you using your most current contact information.

Billing and Payment of Charges

1. Recurring Payment. By purchasing subscription-based or recurring fee-based Products, you authorize us to automatically charge applicable recurring fees at the then-current rates, and any other charges, such as taxes and possible transaction fees, to your Payment Card. The amount charged to your Payment Card may vary from billing period to billing period, depending on your purchases and our price adjustments (including promotional offers, if any). Your authorization applies to the Payment Card on file and any updates to that Payment Card. Your authorization also allows us to obtain updated Payment Card information from your card issuer.
2. Payment Responsibility. You are responsible for paying all fees billed by us for valid purchases whether or not you use Services or Devices related to such purchases.
3. Price Changes. We reserve the right to adjust pricing for our fee-based Services at any time in our sole and absolute discretion.
4. NO REFUNDS.  ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS UNDER ANY CIRCUMSTANCES. IN ADDITION, YOU ARE RESPONSIBLE FOR PAYING FEES FOR ALL PURCHASES, WHETHER OR NOT USE THE SUBSCRIPTION SERVICES RELATED TO THOSE PURCHASES. IN ORDER TO AVOID FUTURE FEES, YOU MUST CANCEL SERVICES OR OPT OUT OF RENEWAL, AS APPLICABLE.
5. Chargebacks. We may apply your payments to any amounts you may owe us if your earlier payments had been reversed or voided by your Payment Card issuer or bank.
6. Electronic Signatures and Notifications. You authorize us to treat your electronic signature as your consent to initiate recurring electronic payment transactions from your Payment Card on a monthly or annual basis (as applicable), and to communicate with you electronically concerning your Payment Card.

Suspension for Nonpayment

We may suspend your access to Products and Services related to fee-based purchases with or without notice if you fail to make timely payments of amounts due for those Services, or if we receive chargebacks or other payment reversal requests from your bank, until such time as those outstanding amounts are paid in full. We will have no liability to you for any damage, liabilities, losses or any other consequences that it may incur with connection with any suspension of services pursuant to this section.

Taxes

If we are legally required to collect taxes, fees, assessments or any other related charges (hereinafter a “Tax”) with respect to any and all purchases under these Terms, including but not limited to Premium Services, then such Taxes will be billed to you as a separate charge. Said Taxes are to include items of any nature imposed upon the Services (except for charges based upon Verizon’s income) including but not limited to any and all expenses necessary to comply with any and all legally imposed or governmental requirements or to provide or improve service to you (hereinafter “Surcharges”). Such Surcharges may be included as a recovery of offset on any invoice transmitted or presented to you for payment. Taxes and Surcharges may change from time to time. If you present Verizon with a valid official Tax exemption certificate or other evidence of exemption that we find acceptable; then Taxes covered by the exemption will not be imposed or collected. However, if such exemption is later found to be invalid or not apply, you will be responsible for all uncollected taxes, and any additional amounts imposed or incurred (including but not limited to penalties and interest). Any amounts billed as Taxes prior to the receipt of a valid evidence of exemption are not subject to being credited.

Connectivity Plans

1. Subscription. Connectivity Plans are available for purchase as subscriptions. Each Connectivity Plan will include the ability to access wireless data and SMS service (if your device supports SMS) for the applicable subscription period, subject to the data caps, message limits and connection speeds specified in the plan you purchase. We charge subscription fees in advance. Subscriptions will automatically renew following the end of a subscription period, unless you opt out of renewal prior to the end of the then-current subscription period or deactivate your subscriptions (or lines within a subscription). You can manage subscriptions in the settings section in your account page. Unless you opt out or deactivate subscriptions, we will charge subscription fees to your Payment Card on the renewal date.
2. Per-Device Fees. Certain Connectivity Plans include per-Device charges in addition to the service charge. Under these plans, you will be charged a monthly per-device fee for each activated device on the plan. We charge per-device fees once per month for all devices that were active during that month. Partial month per-device fees are pro-rated. Per-device fees will be charged automatically each month to the designated Payment Card on your account for every active device. In order to avoid per-device fees, you must deactivate the devices for which you no longer wish to be charged.
3. Device Restrictions. Wireless service plans purchased through ThingSpace may be used only with “IoT Devices.” An IoT Device is a device certified under Verizon’s Open Development certification program as a Machine-to-Machine (M2M) or Internet-of-Things (IoT) device. Attempts to activate non-IoT Devices will fail. You are solely responsible for verifying that the wireless service available under the Connectivity Plans are compatible with your devices before you make purchases.
4. Data Replenishment. Under monthly Connectivity Plans, if you use your entire data allowance under a Connectivity Plan prior to the end of the subscription period, you will be automatically charged a renewal fee equal to the amount of the subscription fee under the Connectivity Plan you have purchased. The renewal fee will provide additional data through the end the then-current subscription period, at which point you will be charged again the recurring subscription fee on the renewal date. While we endeavor to provide advance notice before you exhaust your data allowance, you are responsible for any fees you incur as a result of exceeding the data allowance under your purchased Connectivity Plans.
5. ThingSpace Services. Certain ThingSpace Services, like Software Management, Device Location and Diagnostics, may be available for use with Connectivity Plans purchased from ThingSpace Marketplace. Use of such ThingSpace Services are subject to these Terms, including the terms set forth below under the “ThingSpace Services” heading.
6. Wireless Service Availability. Wireless devices use radio transmissions, so unfortunately you can't get wireless service if your IoT Device isn't in range of a transmission signal. Even within a network coverage area, many things can affect the availability and quality of your wireless service, including network capacity, your device, terrain, buildings, foliage and weather. View our Coverage Map to see where we provide wireless service.
7. Other Restrictions. ThingSpace Connectivity Plans are offered and intended for your IoT use only. Unless the plan details indicate otherwise, we will assign non-geographic mobile device numbers (MDNs) for lines activated under a ThingSpace Connectivity Plan. In the limited cases where we assign NANP (North American Numbering Plan) 10-digit MDNs, such MDNs are not intended to be resold to third parties or ported out to another network provider, or otherwise used for any voice calling service unless expressly stated in the plan details. IF YOU (I) RESELL OR ATTEMPT TO RESELL, (II) PORT OUT OR ATTEMPT TO PORT OUT, OR (III) OTHERWISE MISUSE AN MDN PROVIDED TO YOU AS PART OF A THINGSPACE CONNECTIVITY PLAN, WE WILL IMMEDIATELY DISCONNECT ALL MDNS IN YOUR ACCOUNT AND SUSPEND YOUR ACCOUNT ACCESS INDEFINITELY. We will not be liable to you or any third parties in any way whatsoever for any actions we take in response to your violations of this section.

Products

1. Product Descriptions. We attempt to be as accurate as possible with respect to Product descriptions based on information available to us, including, with respect to the third-party Products, information provided by the manufacturers or distributors with whom we work. However, we do not warrant that Product descriptions or other related content are accurate, complete, reliable, current, or error-free.
2. Product Terms. Certain Products may be subject to terms, conditions, licenses, restrictions and/or other agreements (“Product Terms”) between you and the provider of such Products. By purchasing a Product subject to Product Terms, you understand and agree to all such Product Terms.
3. Order Placement and Fulfillment. Once an order is placed, we will charge your Payment Card and, except in limited cases, forward the order to a third-party distributor for fulfillment. You expressly understand and agree that orders for Devices are fulfilled by parties outside of our control and we therefore cannot guarantee availability of inventory or timely shipment. We will not have liability to you for shipping delays. If an order cannot be fulfilled because of insufficient inventory, we will refund your Payment Card the applicable amount.
4. Shipping and Delivery. With respect to Products that are shipped, they will only be shipped to an address in the United States. Orders for shipment to another country will not be accepted. Delivery will be FOB destination. Risk of loss or damage will pass to you when delivered to your shipping address. We will hold title to Products until delivery to your shipping address or full payment, whichever occurs later. For support relating to shipping and delivery issues, you may submit a support request through the Site.
5. No Cancellation. ONCE AN ORDER HAS BEEN PLACED, IT IS NONCANCELLABLE AND PAYMENT IS DUE IN FULL AND IS NONREFUNDABLE, EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS.
6. Limited Warranty. We are not the manufacturer or licensor of third-party Products but will transfer or pass through to you any and all manufacturer or licensor warranties on the same terms as offered by the manufacturers or licensors which are capable of being transferred or being passed through. If a Product does not function as described in the Product materials or specifications or becomes defective within the manufacturer's or licensor’s warranty period, you may contact the manufacturer or licensor directly for a claim under the warranty.
7. Product Support. We do not provide support for any third-party Products you purchase on the Marketplace other than for billing or payment issues. You are solely responsible for obtaining the support from the manufacturer or developer of such Products. If you contact us for support, including for Product replacement or refunds, we will make an effort to connect you with the manufacturer or developer but make no guarantees (or other representations and warranties) that you will obtain support or that the support you obtain will meet your needs.
8. Additional Disclaimers. IN ADDITION TO ALL OTHER DISCLAIMERS IN THESE TERMS, WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO PRODUCTS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY OR PERFORMANCE, THE MATERIAL AND WORKMANSHIP THEREOF OR AS TO INTELLECTUAL PROPERTY RIGHTS. ALL RISKS RELATED TO THE FOREGOING ARE BORNE BY YOU ALONE AT YOUR SOLE EXPENSE.

THINGSPACE SERVICES TERMS

ThingSpace Services

ThingSpace Services are premium services accessible through the Developer Tools and the ThingSpace Site. ThingSpace Services are subject to fees (which may be reflected or otherwise bundled into purchases of Connectivity Plans or other Services made on the ThingSpace Site or under a separate agreement) and additional terms. If you use ThingSpace Services, you must comply with (i) all rules, restrictions and policies set forth in associated API documentation or other pages on the Site where the ThingSpace Services are made available, and (ii) with respect to certain ThingSpace Services, the following additional terms set forth below.

Device Location

You may access and use device location information (“Device Location”) only in conjunction with your IoT Devices associated with your account to obtain their location information. You bear all responsibility for complying with the foregoing restriction. We reserve the right to terminate your access to these APIs without liability or compensation to you if you violate this restriction.

If your IoT Device is associated with an end user, then you may have a responsibility, under applicable law, regulation or policy, for providing notice and obtaining consent from that end user before gathering and using location information about that IoT Device. In such event, you bear all responsibility for complying with all such laws, regulations and policies. Without limitation, you may gather and use location information through Device Location only so long as you have validly obtained consent and only for the reasons for which consent was given.

Software Management

Software Management Services enable you to check the version of software installed on an eligible IoT Device and, if an upgrade is available, update that software remotely. To use Software Management Services, you must purchase a subscription (as further described in the Software Management API documentation). Recurring-use subscriptions require you to assign licenses to your IoT Devices. Each license may be assigned to a single eligible IoT Device.

Note that if you purchase a subscription plan for Software Management Services, you are responsible for paying subscription fees whether or not you assign or use purchased licenses. If you choose to purchase a subscription plan for Software Management Services, you are entirely responsible for purchasing and assigning the appropriate number of licenses to meet your needs.

If you elect to use Software Management Services to update firmware for IoT Devices without licenses, either because you have not purchased licenses or because you have not assigned licenses to those IoT Devices, then you will be charged per-event fees for those firmware update transactions. Your use of Software Management Services, including all associated fees, is entirely your responsibility.