DijiSense Terms of Service

The Service provides AI-driven Digital Twin deployment, IoT sensor data integration, 3D visualization command centers, and intelligent alerting capabilities. The Service is offered solely to businesses, legal entities, partnerships, studios, system integrators ("SI"), and professional developers operating for commercial purposes (collectively "B2B Users"). The Service is not available to individual consumers. By accessing the Service, You represent and warrant that You are entering into this Agreement for business or commercial purposes and not as a consumer.

You agree to use the Service only in compliance with all applicable federal, state, and local laws and regulations, applicable intellectual property laws, and generally accepted Internet standards. You shall not use the Service to collect, transmit, or store any unlawful data or Content, or for any purpose prohibited by applicable law. In the event We receive a valid legal process requiring disclosure of Your information, We will comply with such process to the extent required by law.

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your breach of this Agreement; (b) Your violation of any applicable law or regulation; or (c) Your use of the Service.

You represent and warrant that You will not engage in any of the following prohibited activities: - Using the Service for unauthorized data collection, unauthorized device access, or any form of network attack or intrusion - Uploading, transmitting, or storing malware, viruses, Trojan horses, or any other harmful or malicious code - Interfering with, disrupting, or impairing the integrity or performance of the Service or the data contained therein, or disrupting any other User's use of the Service - Exceeding normal API call volumes or making abnormal API requests that degrade platform performance If Your conduct damages the Service's infrastructure, network, or any third-party cloud resources, We reserve the right to suspend or throttle Your access to the Service without any obligation to extend Your subscription term or issue a refund.

The Service includes, without limitation: - AI-driven Dashboard generation and Digital Twin configuration - IoT device data integration supporting MQTT, HTTP, Modbus TCP, and other protocols - Real-time sensor data mapping and 3D building model visualization - Real-time WebSocket data push and alert notifications - Historical data storage and querying - SaaS cloud service and, depending on Your subscription plan, an on-premise deployment license THE COMPANY IS SOLELY RESPONSIBLE FOR THE OPERATION OF THE TECHNICAL PLATFORM. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE CONTENT OF DEVICE DATA CONNECTED BY USERS, AND FOR ANY LEGAL LIABILITY OR LOSSES ARISING FROM DECISIONS MADE BY USERS BASED ON PLATFORM DATA.

We offer a multi-tiered data security architecture, including Platform-Managed Keys, Bring Your Own Key ("BYOK"), and Hold Your Own Key ("HYOK") options. - BYOK / HYOK Users: Encryption keys are managed solely by You. We have no technical capability to access Your plaintext data. You are solely responsible for safeguarding Your keys. We shall have no liability for any data inaccessibility resulting from lost or improperly managed keys. - On-Premise Users: Data resides in Your own data center. We assume no responsibility for Your hardware, network, or system security; You bear all associated risks.

We will use commercially reasonable efforts to maintain normal system operations, but We do not warrant uninterrupted availability of the Service. We shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond Our reasonable control, including but not limited to large-scale cloud provider outages, acts of God, acts of government, war, terrorism, or labor disputes. You are solely responsible for maintaining backups of Your critical data, including device integration settings, Dashboard configurations, and historical sensor data, in local or off-site environments.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT DATA TRANSMISSION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING LOSSES CAUSED BY NETWORK CONDITIONS, THIRD-PARTY NODES, OR DEVICE-SIDE COMMUNICATION FAILURES.

If Your IoT devices, gateways, or internal network systems are compromised by unauthorized access, destruction, tampering, or data theft by third parties, We shall have no liability for any resulting direct or indirect losses. You are solely responsible for implementing and maintaining appropriate security measures for Your devices and networks.

You are responsible for maintaining Your own equipment and systems, including IoT gateways, API integration programs, and MQTT Broker configurations. We shall have no liability for data interruptions or losses attributable to User-side device failures, configuration errors, poor network conditions, or device disconnections.

You must promptly notify Us of any changes to Your contact information. Our collection, processing, and use of Your personal data is governed by Our Privacy Policy, incorporated herein by reference. We will not sell, rent, or otherwise disclose Your device data, facility information, or commercially sensitive data to any third party, except as required by applicable law or as necessary to provide the Service.

We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time. We will provide at least thirty (30) days' prior written notice to Users before any planned suspension or discontinuation. On-Premise License Users: The software license will expire at the end of the licensed term. You must export or backup Your data and make alternative arrangements prior to license expiration.

The Service is offered on a prepaid subscription basis (SaaS plans) and an annual license basis (on-premise plans). Free Tier: New Users may access the free Starter plan, which includes limited device nodes and features. You may cancel at any time without charge. Paid Subscription Refunds: Users who pay via Paddle may request a full refund within fourteen (14) calendar days of their initial payment. However, if You elect to begin using the Service before the expiration of the Cooling-Off Period by checking the "Start service immediately" box, You expressly acknowledge that You are waiving Your right to a refund. Renewal Charges: The Cooling-Off Period does not apply to automatic renewal charges after Your initial subscription term. You may cancel at any time through Your account settings; Your Service will continue through the end of the then-current billing period, and no refunds will be issued for any unused portion. On-Premise License: Annual license fees are due and payable in full upon execution of the applicable order form. License fees are non-refundable once the license has been activated. Service Outage Credits: In the event of a material failure causing complete unavailability of the SaaS Service, We will issue a pro-rata credit or refund based on the number of days the Service was unavailable.

Upon checkout, You will be presented with and required to affirmatively acknowledge the following: "I agree that DijiSense will activate my Service immediately upon payment, and I understand that by doing so I am waiving my right to a refund during the statutory Cooling-Off Period." By registering for or paying for the Service, You represent and warrant that You are acquiring the Service for business, commercial, system integration, or development purposes, and not as a consumer.

Prior to termination of the Service, You are solely responsible for exporting and retaining all sensor history data, Dashboard configurations, and Digital Twin model settings stored within the Service. Following termination, We will permanently delete all of Your data within thirty (30) days. We will have no liability for any losses arising from such deletion.

If You fail to pay any renewal fees within thirty (30) days of the due date, interest will accrue on the overdue amount at a rate of one and one-half percent (1.5%) per month, compounded monthly. We further reserve the right to suspend or terminate Your account and license upon written notice if payment remains outstanding.

On-premise deployment licenses are locked to the server hardware designated by You at the time of license issuance. We will not reissue a license or provide a refund if: - You replace or upgrade the Designated Hardware, causing the license to become invalid; - Changes to Your IT environment cause service disruptions; or - You fail to install the software in accordance with Our then-current deployment documentation. Requests to rebind a license to new hardware must be submitted to Us in advance. We reserve the right to assess a reissuance fee in Our sole discretion.

To maintain platform integrity, You agree to the following: 1. You will not engage in any automated unauthorized access, web scraping, penetration testing, or load testing of the Service without Our prior written consent. 2. You will not execute programs or make API calls that consume excessive server resources. 3. You will use storage capacity solely for IoT data, Dashboard configurations, and Digital Twin-related content; storing unrelated files is prohibited. 4. You will not resell, sublicense, or otherwise make the Service available to unauthorized third parties (SI white-label partners are subject to separate written agreements). Violation of this Section may result in immediate suspension or termination of Your access, without prior notice, in Our sole discretion.

Users holding an authorized SI Partner plan license may offer the Service to their end customers under their own brand. SI partners bear full and exclusive responsibility for service quality, data security, and regulatory compliance with respect to their end customers. The Company bears no direct liability to any end customer of an SI partner. SI partners may not represent themselves as agents of, or otherwise affiliated with, the Company.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan), without regard to conflict-of-law principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be submitted to the exclusive jurisdiction of the Taiwan Taipei District Court as the court of first instance. Each party hereby irrevocably submits to personal jurisdiction in such court and waives any objection to the laying of venue.