Web Platform terms and conditions

The MONOM IoT web based platform is operated by Monom Solutions ("Monom", "we", "us", or "our"), a limited liability company, incorporated under [X] law, with registered office in [X], with Tax Identification Number [X]. Monom may be contacted via the e-mail address [EMAIL].

The Monom IoT web based application (the "Service") has been designed by Monom Solutions, S.L., a Spanish company in the same business group as Monom, to facilitate online access to employees, agents, subcontractors, and consultants (including professional advisors) who have access credentials to the "Monom IoT as a service" platform (altogether with the Service, the "Platform").

PLEASE READ THE FOLLOWING TERMS OF USE FOR THE MONOM IoT PLATFORM ("TERMS” OR “TERMS OF USE") CAREFULLY. BY DOWNLOADING ON YOUR DEVICE OR MAKING USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT THEM. THE USE OF THE PLATFORM IS VOLUNTARY. HOWEVER, IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHALL NOT ACCESS OR USE THE PLATFORM.

MONOM RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME. IF WE MAKE CHANGES, WE WILL SHARE THEM WITH THE USERS PRIOR TO THE EFFECTIVE DATE AND UPDATE THE "LAST UPDATED" DATE INDICATED IN THE HEADING. IN NO EVENT SHALL THE MODIFICATIONS HAVE RETROACTIVE EFFECTS. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU MUST CEASE THE USE OF THE PLATFORM. YOUR ACCEPTANCE OF ANY CHANGES TO THESE TERMS AND CONDITIONS WILL BE EVIDENCED BY YOUR CONTINUED USE OF THE PLATFORM AFTER SUCH CHANGES ARE IMPLEMENTED. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS AND CONDITIONS FOR ANY REVISIONS.

MONOM HEREBY AGREES TO MAKE THE PLATFORM AVAILABLE TO YOU, ON THE CONDITION THAT YOU AGREE TO EACH AND EVERY TERM AND CONDITION OF THIS TERMS, AS WELL AS ALL OTHER POLICIES AND TERMS MADE AVAILABLE BY US, I.E., ITS "PRIVACY POLICY" AND ITS "COOKIE POLICY", WHICH TOGETHER MUST BE CONSIDERED TO BE PART OF THIS TERMS. THE USER HEREBY DECLARES THAT HE/SHE HAS READ THIS AGREEMENT AND THE OTHER DOCUMENTS IN THEIR ENTIRETY, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM.

1. About Monom IoT

The Platform enables access to projects hosted on the Platform according to the user permissions you may have. Among its current functionalities, you will have access to your user profile, the assets tree, alerts list and access to the asset feedback.

Monom may update, enhance, improve, modify, suspend, disable, or remove the Platform, at any time, as well as introduce new tools or functionalities from time to time. Downloading the Platform is not conditioned on the delivery of any future tools, functionalities, or resources.

Monom may improve, reinforce, and modify the Platform, as well as introduce new tools, Platforms, or functionalities from time to time.

2. Account activation

In order to access and use the Platform you must be over 18 years of age, have access credentials to the Platform, accept the Terms and Conditions and the Privacy Policy of the Platform, and activate access (log-in) by including your corporate credentials (username and password) as an authorised user of the Platform.

Under no circumstances may you assign or otherwise transfer or give access to your account to any third party. Please remember that you are responsible for maintaining the confidentiality and security of your credentials. If you become aware or have any reason to suspect that your credentials have been stolen, lost, misappropriated, or otherwise threatened, or in the event of unauthorised use of your account, you must inform us immediately.

Monom may at any time request additional information or documentation from you that it deems necessary to verify your identity, and/or your compliance with applicable law and these Terms. Monom may refuse, suspend, or terminate your account until it has access to and validates such information.

When you create your account, you will receive electronic communications from Monom (for example, via email, push notifications, text messages or other types of messages) related to the operation of the Platform. For information on how we use such information, please see our Privacy Policy.

3. Access Keys

You may access the Platform using the username and password that you have as an authorised user of the Platform. The loss of the status of authorised user of the Platform implies the loss of the right to access and use the Platform.

4. Economic conditions

The downloading and use of the Platform by the user is free of charge as a part of the consideration paid by the Subscription holder for access to the Platform. Monom reserves the right in the future to levy a specific fee or increase Subscription holder fees to access new or premium functionalities, as needed or requested.

5. Licence of use, restrictions, and reservation of rights

Subject to your acceptance of these Terms, Monom grants you a non-exclusive, limited, non-transferable and non-sublicensable licence to access and use the Platform for the sole and exclusive purpose of accessing the content and functionalities of the Platform that are enabled, and provided that the Subscription holder grants you the status of authorised user and the necessary access permissions.

This licence expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Platform or access by unauthorised third parties to the Platform. All intellectual property rights (present and future) not expressly granted by these Terms are expressly reserved by Monom and our third-party licensors.

6. Rules for the use of the Platform

You are solely responsible for compliance with any and all laws, rules, regulations applicable to the use of the Platform and access to the Platform. In particular, you agree to:

· Comply with these Terms.

· Comply with all applicable laws or regulations, policies or standards.

· Comply with the Terms of Use of the Platform.

· Not to use the Platform for any purpose (commercial or otherwise) that is not expressly contemplated by these Terms.

· Not to license, sub-license, sell, resell, rent, lease, transfer, distribute, time-share, or otherwise make available to third parties the access to it.

· Access the Platform for the purpose of developing or exploiting products or services for third parties in competition with the Platform.

· Not to copy, store or otherwise access or use any information, including personal information about any other user, that you have access to through the Platform in any way that is not in accordance with the Privacy Policy.

· Not to use the Platform in connection with the distribution of unsolicited commercial messages ("spam").

· Misuse or abuse the tools or functionalities of the Platform.

· Not to use robots, web crawlers, web worms, and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Platform for any purpose.

· Avoid, evade, bypass, remove, disable, impede, decode, or otherwise attempt to circumvent a technological measure put in place by Monom or any of Monom's suppliers or other third parties to protect the Platform.

· Attempt to decrypt, decompile, disassemble, or reverse engineer software used to provide the Platform.

· Not to take any action that impairs or adversely affects, or may impair or adversely affect, the performance or proper functioning of the Platform or the Platform.

· Not to infringe or violate the rights of any other person or otherwise harm any other person in any way.

· Not to make any unauthorised use of Monom's content, brand, or proprietary technology.

You acknowledge that Monom has no obligation to monitor any user's access to or use of the Platform or to review, disable access to or modify any content, but has the right to do so in order to (i) operate, protect, analyse and improve the Platform and the Platform; (ii) ensure users' compliance with these Terms; (iii) comply with applicable law or an order or subpoena issued by law enforcement or other administrative agencies or governmental bodies; or (iv) as otherwise provided in these Terms.

Monom provides a wide range of information, services, and data. The User assumes responsibility for the correct use of the Platform. This responsibility shall extend to:

(1) Any use of the information, Contents and/or Services and data offered by Monom that is contrary to the provisions of these Terms, the Law, morality, or public order, or that in any other way may be detrimental to the rights of third parties or to the operation of the Platform.

(2) The veracity and legality of the information provided by the User to Monom for access to certain elements of the Platform. In any case, you shall immediately notify us of any event that allows the improper use of the information registered in the Platform, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

Monom reserves its right to remove all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, public order, or safety or that, in its opinion, are not appropriate for publication. In any case, we shall not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may be available.

By using the Platform, you agree to hold us harmless and indemnify us and all of our affiliated entities and personnel, clients and agents against any damages or claims arising out of your use or misuse of the Platform or the information contained in it. You expressly assume the sole risk of any unauthorized access or disclosure of confidential information pursuant to your Platform use or misuse or your failure to secure your Platform ID and associated password.

7 Disclaimer of liability

Access to and use of the Platform is per this subscription agreement at your own risk. The Platform is provided on an "as is" and "as available" basis without warranty of any kind, either express or implied.

Monom is not responsible for and does not guarantee that the content or software that can be accessed is free of errors or cause damage to the User's computer system (software and hardware). Under no circumstances shall Monom be liable for any loss, damage or harm of any kind arising from accessing, browsing and/or using the Platform, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

While Monom will make every effort to ensure that any information provided via the Platform is accurate, we make no guarantee, representation, or warranty as to the correctness or accuracy of the information

found and/or provided on the Platform. Information contained in the Platform may be changed or updated without notice.

Monom cannot guarantee the continuous and uninterrupted availability and accessibility to the Platform. Monom assumes no responsibility for any unavailability caused by circumstances beyond its control. You further acknowledge and agree that access to the Platform is subject to interruptions and will not be always available, but will depend on a number of factors, including, but not limited to, maintenance, downtime and Internet connectivity issues, or other matters beyond our control.

Monom may restrict the availability of the Platform or access to certain areas or functions of the Platform if necessary due to capacity constraints, the security or integrity of our servers, or to conduct maintenance measures to ensure the proper or improved operation of the Services.

8. Suspension or Termination of Platform Access Privileges

Misuse of the Platform and/or violation of these Terms may, at our discretion, result in suspension or termination of your access privileges and termination of your user account. Similarly, loss of status as an authorised user of the Platform will result in the automatic termination of your right to access and use the Platform and therefore termination of your user account.

You may terminate your use of the Platform at any time.

9. Privacy

The processing of your personal data accessed by Monom for the purpose of using the Platform will be conducted in accordance with the Privacy Policy.

10. Copyright and Trademarks

All content associated with the Platform, including text, photographs, graphics, data formatting and presentation, icons, images, artwork, names, logos, trademarks, and service marks, in any form including the compilation thereof (collectively the “Content”), is the sole property of Monom. Except for any data generated or provided by the User and/or as set forth in these Terms, the partial or total reproduction of its databases, erasing the identifying marks, symbols of its recordings, as well as its reproduction, distribution, or public communication (including interactive availability), and/or the direct or indirect reproduction of any Content, in whole or in part, by any means, is prohibited without the express written consent of Monom.

The Platform may contain hyperlinks to third-party websites. Monom assumes no responsibility for the content, information or services that may appear on these sites, which are for information purposes only and in no case imply any relationship between us and the persons or entities that own such content or the owners of the sites where they are located.

The use of metatags of the domain name, trademarks and other distinctive signs included in other sites must obtain the appropriate written authorization from us.

Any information that the user shares or adds to the Platform, including the intellectual property rights of the contents, is considered to be assigned to Monom free of charge, non-exclusively, irrevocably, without territorial limitation, i.e. for universal use, and for the maximum time permitted by the Intellectual Property Law in force, even in the event that the user cancels the service.

The User guarantees Monom the unrestricted and unhindered use of the above. Monom does not necessarily examine the content generated by users beforehand. Therefore, the user declares that they have the rights to any information they add or share on the platform, exempting us from any legal liability to third parties arising from the use of confidential information, infringement of intellectual and/or industrial property, rights to honour, privacy and personal image and personal data.

11. Communications

Any notices and other communications to users required or permitted under this Agreement will be done electronically and delivered by Monom by email, by notice on the Platform and/or through the Platform.

12. Applicable law

These Terms shall be construed in accordance with Spanish law.

13. Agreement to this Terms

You acknowledge and agree to abide by these Terms for access and use of the Platform. Such acknowledgement and agreement are signified by clicking “Accept” below and/or use of the Platform. Your agreement to abide by any changes to these Terms shall be signified by your continued use of the Platform after such changes are implemented. It is your responsibility to periodically check these Terms for any revisions.