Terms of Service

These Terms of Service (the “Terms”) govern your use of Nexus, the IoT platform provided by PRAGMA IoT SA (“Pragma IoT”, “we”, “us”), including the web portal at nexus.pragma-iot.com, the Nexus mobile app for Android and iOS, the API and the related services (together, the “Service”).

Nexus is a business service. Access is provided to organisations (“Customers”) that have an agreement with Pragma IoT, and to the people those organisations invite (“Users”). If your organisation has signed an agreement with Pragma IoT (for example a subscription, services or data processing agreement), that agreement prevails over these Terms where they conflict.

By signing in to or using the Service you accept these Terms. If you do not accept them, do not use the Service.

• Accounts are created only by invitation from an administrator of a Customer (a “tenant”). There is no public sign-up.
• Your administrator decides your role, your permissions and which assets and devices you can see. They can change or remove your access at any time.
• Keep your password, authenticator app, recovery codes and signed-in devices safe. You are responsible for activity under your account. We recommend turning on two-factor authentication and the mobile app lock.
• Tell your administrator or us at info@pragma-iot.com straight away if you suspect someone else has used your account. You can sign out other devices yourself under Settings → Security in the portal or More → Devices & sessions in the app.
• If your organisation uses single sign-on, your organisation’s identity provider also governs how you sign in.

You agree not to:

• use the Service in breach of any law or of the rights of others, or to store or send unlawful, harmful or infringing content;
• access data, tenants, devices or functions you have not been given access to, or try to bypass authentication, permissions, rate limits or other security measures;
• test the security of the Service (scanning, penetration testing, load testing) without our prior written permission;
• upload malware, or interfere with or disrupt the Service, its infrastructure or other customers;
• copy, modify, decompile or reverse engineer the Service or the app, except where the law expressly allows it;
• resell, rent or provide the Service to third parties outside your organisation unless your agreement allows it;
• use automated means to extract data from the Service other than the documented API and integrations, within their limits.

Nexus shows measurements from connected equipment, raises alerts and, where your organisation has set it up, sends commands to equipment (for example switching a valve or changing a set point). Please keep in mind:

• Data, alerts, push notifications and e-mails depend on the equipment, its network, mobile networks and third-party delivery services. They can be delayed, incomplete or missing.
• The Service is not a safety system and not an emergency service. Equipment must keep its own local protections, interlocks and alarms, and critical processes must not rely on Nexus alone.
• Only send commands you are authorised to send and whose effect you understand. Your organisation is responsible for how control templates, rules and thresholds are configured and for the consequences of the commands its Users send.

Your organisation keeps all rights to the data it puts into the Service — device and measurement data, assets, dashboards, reports, rules and other content (“Customer Data”). Each tenant’s data is kept in its own databases.

We use Customer Data only to provide, secure and support the Service for your organisation, as described in its agreement and in our Privacy Policy. We do not sell Customer Data and do not use it for advertising.

You confirm that you have the right to submit the data you upload or connect, including any personal data in it.

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Nexus app on devices you own or control, only to access the Service under these Terms. Updates may be required to keep using the app.

Face ID, fingerprint and the app PIN are checked on your device; Nexus never receives your biometric data. Push notifications can be switched off at any time in your device settings or in the app’s notification preferences.

Apps downloaded from the Apple App Store

• These Terms are between you and Pragma IoT, not Apple. Pragma IoT, not Apple, is solely responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Pragma IoT, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection or privacy claims.
• Pragma IoT, not Apple, is responsible for the investigation, defence, settlement and discharge of any claim that the app infringes a third party’s intellectual property rights.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Apps downloaded from Google Play are also subject to the Google Play Terms of Service.

Parts of the Service rely on third parties — for example map tiles (OpenStreetMap, Esri, CARTO), push delivery (Google Firebase Cloud Messaging and Apple Push Notification service), single sign-on providers chosen by your organisation, and integrations your organisation connects (HTTP APIs, MQTT brokers). Their own terms apply to them and we are not responsible for their availability or content.

We work to keep the Service available, secure and backed up, but unless your organisation’s agreement sets a service level, the Service is provided without a guaranteed uptime. We may carry out maintenance, which can briefly interrupt the Service, and we may improve, change or retire features. We will give reasonable notice of changes that materially reduce the Service your organisation relies on.

The Service, the app, their software, design and documentation belong to Pragma IoT and its licensors. Apart from the rights expressly granted in these Terms or your organisation’s agreement, no rights are transferred to you. If you send us ideas or feedback, we may use them without obligation to you.

We may suspend or restrict access if we reasonably believe an account is compromised, is used in breach of these Terms, or puts the Service or other customers at risk. Where possible we will tell you or your administrator first.

Your access ends when your administrator removes you, when your organisation’s agreement ends, or when you ask for your account to be deleted (see Deleting your account). Sections that by their nature should survive termination continue to apply.

Except as stated in your organisation’s agreement, the Service is provided “as is” and “as available”. To the extent permitted by law, we exclude implied warranties, including fitness for a particular purpose, and we do not warrant that the Service will be uninterrupted or error-free or that data, alerts or commands will always be delivered.

To the extent permitted by law, Pragma IoT is not liable for indirect or consequential loss, loss of profit, loss of production or loss of data, and its total liability arising from the Service is limited as set out in your organisation’s agreement or, if there is none, to the fees paid for the Service in the twelve months before the claim.

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, or any other liability that cannot be limited under applicable law.

We may update these Terms, for example when the Service or the law changes. The date at the top shows the latest version. If a change is material, we will let Users know in the Service or by e-mail before it takes effect. Continuing to use the Service after that means you accept the updated Terms.

These Terms are governed by the laws of Greece. The courts of Thessaloniki, Greece, have jurisdiction, unless your organisation’s agreement says otherwise or mandatory law gives you the right to bring a claim elsewhere.

PRAGMA IoT SA, Ganas & Ganas Building Complex, Building B14, Perikleous Street – Drosia District, P.O. Box 600 75, 570 01 Thermi, Thessaloniki, Greece. Phone +30 2316 025006, e-mail info@pragma-iot.com. For privacy questions: dpo@pragma-iot.com.