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.
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 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.
Your use of the Personal Cloud Storage APIs, SDKs and related code and documentation made available on the Site (the “Verizon Cloud Tools”) is subject to the terms and conditions set forth in this section. We may provide you with the option to create a Verizon Cloud account to use solely in connection with the Verizon Cloud Tools (“Developer Account”). Use of the Developer Account is also subject to the Developer Account Terms, which are incorporated into these Terms.
You will use the Verizon Cloud Tools solely for the limited purposes described in this section, and only as expressly authorized in these Terms. You will not access, attempt to access, or facilitate, enable or allow access by any third party, to the Verizon Cloud service, or to content stored in the Verizon Cloud service (the “Verizon Cloud Content”), in any manner other than through use of the Verizon Cloud Tools as expressly permitted under the Terms. You acknowledge and agree that we do not own or endorse, and are not obligated to monitor Verizon Cloud Content. We expressly disclaim all liability for Verizon Cloud Content and for use of Verizon Cloud Content by you, your end users or anyone else.
You may use the Verizon Cloud Tools solely to enable your end users to access and use their own Verizon Cloud Content, subject to the successful completion of the following steps: (i) Verizon has authenticated your end user as a valid Verizon Cloud user, and (ii) your end user has consented to allow your Application or Device to use the Verizon Cloud Tools to access your End User’s Verizon Cloud Content. You agree that your end users may revoke consent at any time and for any reason, and that you will not take any action or enable or permit any third party to take any action that is inconsistent with such revocation. You may not charge your end users fees or require other consideration to use any feature or service made available through the Verizon Cloud Tools.
You will use, perform, display, transmit, modify, copy and distribute your end user’s Verizon Cloud Content only as expressly authorized by your end user. You agree to use Verizon Cloud Content in compliance with all applicable laws, rules and regulations, and only as disclosed in your publicly available privacy policy and service terms of use. We are not responsible for, do not endorse, and expressly disclaim any liability for Verizon Cloud Content, and any actions taken by you, your end users or others in connection with Verizon Cloud Content.
We have no obligation to provide you or your end users with support, software upgrades, enhancements or modifications to the Verizon Cloud Tools ("Support"). You understand and agree that you are solely responsible for providing technical and other assistance to your end users for your Application or Device. If we elect in our discretion to provide Support, we may terminate Support at any time without notice to you or your end users for any or no reason.
We may make available on the Site a downloadable image of a Verizon logo for use in connection with the Verizon Cloud Tools as expressly authorized in this section (the “Approved Logo”). We grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable, royalty-free license during the term of the Services to display the “Verizon Cloud” name or the Approved Logo in your Application solely to notify your end users about or enable their access to services made available through use the Verizon Cloud Tools in your Application or Device. For example, your End Users may click on the Approved Logo in your application to initiate the authentication and consent steps described above. Your use of the “Verizon Cloud” name or the Approved Logo, including any related goodwill, will inure to the benefit of Verizon. This license is subject to your continued compliance with the Terms, and any related requirements included in the Verizon Cloud Tools.
SMS APIs
SMS APIs allow your Applications to interface with ThingSpace to transmit SMS messages from a Verizon-assigned longcode to your End Users. Your use of SMS APIs is subject to the related API documentation and associated rules and restrictions, which may include, without limitation, conditions related to usage limits and specific opt-in and messaging requirements.
You agree to use SMS APIs only in compliance with all applicable local, state, national and international laws and regulations, including, without limitation, the Telephone Consumers Protection Act of 1991 (TCPA), acceptable industry guidelines (including CTIA Messaging Principles and Best Practices), the Verizon Acceptable Use Policy, and these Terms. You further agree that in connection with your use of SMS APIs: (a) you will not send messages containing executable files or links to other content or premium or similar messages that require a subscription or surcharge; (b) you will not install, deploy, or use any hardware, firmware, software or other technology or technique to circumvent Verizon's messaging network operations protections; and (c) you will not send any material or content in violation of the Verizon Acceptable Use Policy.
You may use SMS APIs to send messages only to End Users who have opted in to receive messages by (a) establishing an opt-in process that effectively captures each End User’s consent to receive messages, informs End Users of the nature and scope of your messaging campaigns and any financial obligations (like “Standard Messaging Charges Apply”) associated with messaging; (b) immediately complying with End User opt-out requests such as STOP, END, CANCEL, UNSUBSCRIBE or QUIT in compliance with industry guidelines; and (c) maintaining opt-in and opt-out records for each End User from the time that End User initiates opt-in until a minimum of six months after that End User has opted out. The foregoing requirements are in addition to requirements set forth by us in the API documentation related to SMS APIs.
Device Location APIs
Device Location APIs are Premium Services to be used in conjunction with IoT Devices. “IoT Devices” are devices that are certified under the Verizon Open Development program and provisioned on the Verizon Wireless network under a machine-to-machine plan and excludes mobile phones, tablets, notebooks and other personal devices.
You may access and use Device Location APIs only in conjunction with IoT Devices. 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.
Device Location APIs enable you to interface with ThingSpace to develop Location Based Services for IoT Devices. “Location Based Services” means location enabled or location aware products and services that access the Device Location APIs to retrieve Location Information of devices. “Location Information” means data that can be used to describe, determine or identify the location of a device. Location Information may be presented in many forms such as latitude/longitude data, cell site/sector data, WiFi SSID, device signal strength or other format regardless of accuracy, type or source. Subject to these terms, you may access and use Device Location APIs to develop, use and/or provide a Location Based Service.
Location Based Services must comply at all times with these Terms and all applicable federal, state and local government laws, criminal, civil and statutory laws, rules and regulations, industry practices, third party guidelines, policies and requirements, including but not limited to (a) all applicable consumer protection, marketing, data security, export and privacy laws, (b) Federal Trade Commission Privacy Initiatives, and (c) the CTIA Best Practices and Guidelines for Location Based Services.
You may not access, use, copy, store or disclose any Location Information pertaining to a device owned or managed by your End User (including the business or organization represented by your End User) unless you obtain the consent to do so from that End User. When you obtain consent, you must provide clear, conspicuous and comprehensive notice about how Location Information will be accessed, used, copied, stored, collected or disclosed by you and/or other third parties. Further, you will ensure that such notice is obtained prior to your provision of Location Based Services. If your End User denies, revokes or withdraws consent, you may not access or collect that End User’s Location Information or perform any other actions for which the End User’s consent has been denied, revoked or withdrawn. Location Information obtained from Device Location APIs that relate to devices owned by your End Users may be accessed and used only for the purposes to which those End Users have consented and only so long as notice, consent and all other requirements have been satisfied and maintained. You will immediately delete Location Information stored your systems or otherwise in your possession upon request from End Users.
You shall make no representation of accuracy, completeness or timeliness of Device Location Information or the location capabilities of any Location Based Service that connects to the Device Location APIs.
You shall design, develop, build, operate and maintain all Location Based Services to sufficiently mitigate security threats including, but not limited to: (a) fraudulent, improper or unauthorized access, use or disclosure (b) unauthorized changes, (c) disruptions or denial of service, (d) escalation of user privilege, and (e) degradations of any Verizon service.
Software Management Services APIs
Software Management Services APIs are Premium Services to be used in conjunction with IoT Devices. You may access and use Software Management Services APIs only in conjunction with IoT Devices that operate the 4G LTE Network and support the OMA DM standard. Software Management Services APIs will not operate with any other devices.
Software Management Services APIs enable you to check the version of firmware installed on an eligible IoT Devices and, if a firmware upgrade is available, update that firmware remotely.
Software Management Services APIs may be available for purchase and use under a monthly subscription plan or, by default, an event-based plan, as further described on the ThingSpace site. If you purchase a monthly subscription to use Subscription Management Services APIs, you will obtain licenses that you may assign to eligible 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 APIs, 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 APIs, you are entirely responsible for purchasing and assigning the appropriate number of licenses to meet your needs for your IoT Devices.
If you elect to use Software Management Services APIs 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 APIs, including all associated fees, is entirely your responsibility.