Loggermaster’s Terms of Use

Last updated: February 2023

Important Note: In this document, any place referred to as “Loggermaster”, refers to the Loggermaster (also called EEMS) web-based application and any products manufactured or services offered by LoggerFlex Smart Devices ltd., which connects to the Loggermaster application or any copies of it hosted on any server by Loggerflex on the Internet. Services and products from LoggerFlex might be offered or sold under different brands including bun and might be marketed and sold directly or indirectly by Loggerflex as the original manufacturer or OEM products manufactured by Loggerflex for third parties.

Thank you for using our products and services (“Services”). By using our Services, you are agreeing to these terms. Please read them carefully.
We offer a wide range of Services, and sometimes additional terms may apply. When you use a Loggermaster Product, you will be subject to the guidelines, terms, and agreements applicable to that Products or Services ("Service Terms"). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.

Privacy

Please review our Privacy Policy, which also governs your use of the Loggermaster Services, to understand our practices.

Electronic Communications

When you use any of Loggermaster Services or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text messages, Phone calls, in-app push notices, or by posting notices and messages on the Loggermaster site or through other Loggermaster Services, such as our Message Center. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Loggermaster Services (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of Loggermaster or its content suppliers and is protected by copyright laws. The compilation of all content included in or made available through any Loggermaster Service is the exclusive property of Loggermaster and protected by international copyright laws.

Using our Services

You must follow any policies made available to you within the Services. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with our terms and policies or if we are investigating a suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Loggermaster Account

You may need a Loggermaster Account in order to use some of our Services. You may create your own Loggermaster Account, or your Loggermaster Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Loggermaster Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. To protect your Loggermaster Account, keep your password confidential. You are responsible for the activities that happen on or through your Loggermaster Account. Try not to reuse your Loggermaster Account password on third-party applications. If you learn of any unauthorized use of your password or Loggermaster Account, contact us at info@loggerflex.com.

License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Loggermaster or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Loggermaster Services. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Loggermaster or its licensors, suppliers, publishers, rights holders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Loggermaster without express written consent. You may not use any meta tags or any other "hidden text" utilizing Loggermaster's name or trademarks without the express written consent of Loggermaster or its associated entities. You may not misuse the Loggermaster Services. You may use the Loggermaster Services only as permitted by law. The licenses granted by Loggermaster terminate if you do not comply with these Terms of Use or any Service Terms.

Your Account

If you use any Loggermaster Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of maturity in your place of residence, you may use the Loggermaster Services only with the involvement of a parent or guardian. Loggermaster reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Your Content in our Services

Some of our Services allow you or your devices to measure, record, upload, submit, store, send or receive data to our servers. This data consists of but is not limited to data you enter into our online applications or your devices manufactured by us, measurements using meters and sensors that our devices operate and handle, geographical information, IP, list of wireless networks including WiFi, Bluetooth, and cellular antennas in the proximity of your devices. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive data to or through our Services, you give Loggermaster (LoggerFlex Smart Devices Ltd., its other affiliates, partners, and others with whom we work) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and developing new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Our automated systems analyze your data to provide you with necessary warnings and notifications. This analysis occurs as the content is sent, received, and when it is stored. If you have a Loggermaster Account, we may display ads and other commercial contexts in your service.

About Software in our Services

When a Service requires or includes downloadable software or firmware for your devices, this software or firmware may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Loggermaster gives you a worldwide non-exclusive license to use the software provided to you by Loggermaster as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Loggermaster, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software and firmware, nor may you reverse engineer or attempt to extract the source code of that software or firmware, unless laws prohibit those restrictions, or you have our written permission.

Subscription Services and Subscription Terms

Upon the purchase of any Loggermaster products, the Customer shall receive an initial trial period of twelve (12) months of full free access (Called Premium Access) to the online application and data history of the device and equivalent to $5 credit for text messages and automated phone call alarms and other paid services in our application. By end of the trial period, access to the history of records will be automatically restricted to the last 45 days. Users can extend their unlimited access by purchasing “Premium Access” online through the “My Profile” Page. Loggermaster has no responsibility for maintaining your data beyond the last 45 days on our servers for users without purchasing extended “Premium Access”.

The cost of text messages (SMS) and Phone calls are depending on the user's area code and will be displayed on the “My Profile” Page based on the entered phone number. The $5 initial credit is not claimable or refundable. Text message and phone call services will stop automatically by running out of credit. Extra credit can be purchased online through the “My Profile” page and you are solely responsible for keeping your balance positive if you like to maintain the flow of text messages, phone calls, and other paid services.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we will be sorry to see you go. Loggermaster may also stop providing Services to you or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them but there are certain things that we do not promise about our Services. Other than what was expressly set out in these terms, neither Loggermaster nor its suppliers or distributors make any specific promises about the Services. For example, we do not shoulder any liability about the safety of the products that are being monitored with our services or our products to ensure their storage condition. In good faith, we do our utmost best for maintaining and improving our services continuously, but we do not make any commitments about our services' reliability, availability, or ability to meet your needs. We provide the Services “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties and liability for our Services. Loggermaster and our associated companies, suppliers, and distributors will not be responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Loggermaster, and its associated companies, suppliers, and distributors, for any claims under these terms, including any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supply you the Services again). In all cases, Loggermaster, and its associated companies, suppliers, and distributors, will not be liable for any loss or damage that is not reasonably foreseeable. Loggermaster can not be held responsible for any loss or loss of profit caused by missing or delayed data or alarms.

Right to be Forgotten

You can always delete a device under your account. By doing this all the history records of that device will be erased from our database permanently. Please be advised that this procedure is irreversible. Obviously, you can always claim back your device by entering its Serial number and DUID, but the history of the records will not be recoverable. To keep sure all the records in the internal memory of your devices are wiped out you need to sync the device with the server via Wi-Fi after un-claiming it under your account. Although all the transactions between your device and server are encrypted using SSL protocol, we recommend assigning a hot-spot password to your device using the “edit” feature on the Loggermaster website. Also, we strongly recommend using the "https" version of our web-based application to protect your data from being intercepted or stolen. If you need to delete your account itself, please un-claim all the devices under your account and then send an email with the subject “Delete” to info@loggerflex.com.

Business Uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will indemnify Loggermaster and its associated companies, LoggerFlex Smart Devices Ltd., and its affiliates, officers, agents, and employees from any claim, lawsuit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, lawsuits, judgments, litigation costs, and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control that conflict. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

Copy right note

The MIT License (MIT) Copyright (c) 2014-2017 Robert Scanlon.

Loggermaster’s Privacy Policy

Last updated: February 2023

Loggermaster knows you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. By using or accessing the Loggermaster’s Service in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Service. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we do not own or control or people we do not manage.

Information that Loggermaster Collects

In General. We may collect personal information that can identify you such as your email address, phone number, location, and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in Canada and other countries around the world. The information we learn from customers helps us personalize and continually improve our services. By agreeing with these terms and conditions you are giving us your consent for collecting and handling this information. Here are the types of information we collect:

• • Information You Provide: We may collect and store any personal information you enter on our website or provide it to us in any other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information you provide for such purposes as responding to your requests, sending you notifications and improving our services, and communicating with you.
• • Information from your meters and datalogger: Your dataloggers are constantly measuring, recording, and sending data to Loggermaster servers depending on their model, sensors, and their medium for connecting to the internet. These data are stored on our servers and are associated with the serial number of your device. As the owner of the device you can always delete your device from your account and all the collected data from your device will be deleted from our servers. Your devices depending on their model might send information about their IP, geographical location, GPS coordinates, list of WiFis, Bluetooth devices, and Cellular antennas of their surrounding to our servers. You can delete and disable the geographical location by turning “Off” the “Location” switch without deleting other data coming from your device. Storing location is by default activated for all Loggermaster devices. All geographical information associated with a device can be deleted by turning “off” the location switch or deleting the device from your account. Loggermaster might use this information to improve its services.
• • Information from other sources: We may also periodically obtain both personal and non-personal information about you from affiliates including business partners, contractors, and other third parties. Examples of information that we may receive include updated delivery and address information, purchase history, and additional demographic information.
  Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
• • Information collected automatically: We automatically collect information from your browser when you interact with us and visit our website. This information includes your IP address, your browser type, and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
• • Other Technologies: We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming, or other activities. .
• • Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages). Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
• • Other Technologies: We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming, or other activities.
• • Information collected by Third Parties: We may allow Third Parties, including our authorized service providers, affiliates advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including the use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
• • This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service.

Loggermaster’s Information Sharing Policy

In general. We may use the information that we collect about you to:

• • deliver the products and services that you have requested;
• • analysis of our service to improve the quality and security of our services.
• • manage your account and provide you with customer support;
• • perform research and analysis about your use of, or interest in, our products, services, or content, or products, services, or content offered by others;
• • communicate with you by e-mail, postal mail, telephone, and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our partner companies, or other third parties;
• • communicate with you with regard to partially completed service requests;
• • develop and display content and advertising tailored to your interests on our site and other sites.
• • verify your eligibility in connection with promotional offers;
• • perform background screening, which may include the use of third parties;
• • enforce our Terms and Conditions;
• • publicly-display comments, ratings and reviews, and other content provided by you;
• • manage our business; and
• • perform functions as otherwise described to you at the time of collection.

Payment and Financial information. We may use financial information or payment method to process payment for any purchases made on our website, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. Mobile Apps. If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our website or while using our Services. Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

• • Authorized service providers: We may share your personal information with our authorized service providers as part of our business operations and administration of the Services. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys, and other features offered through our website. We may also release information to collection and/or credit agencies for past-due Service accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
• • Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
• • Business partners: When you make purchases, reservations, or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner as part of our business operations and administration of the Services.
• • Service Professionals: We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our resource network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, Loggermaster may share your service request activity information with such partners.
• • Direct mail partners: From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
• • Other Situations: We also may disclose your information:
• • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
• • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property, or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
• • In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

We may also engage third-party service providers (who will operate under our instructions) to assist us in providing information, products, or services to you, in conducting and managing our business, or in managing and improving our Services. Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern the use, handling, and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside of Canada.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our sister companies to develop and deliver targeted advertising on our websites and on the websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

Information Security

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software and firmware, which encrypts the information you enter. It is important for you to protect against unauthorized access to your password and your computer. We encourage you to use “https” to access our web application. Loggermaster bears no responsibility for breach of information using if you use “http” to access the application.

Accessible Information

If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.

You can also choose to have your account disabled by contacting info@loggerflex.com. After you deactivate your account, you will not be able to sign into our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our website or our users or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.

Your choices about collection and use of your information.

• • At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
• • If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at info@loggerflex.com.

Children’s Privacy

Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

Terms of Use, Notices, and Revisions

If you choose to visit Loggermaster, your visit and any dispute over privacy is subject to this Policy and our Terms of Use, including limitations on damages, and arbitration of disputes. Our business changes constantly, and our Privacy Policy and the Terms of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

How to Contact Us

If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows: Privacy Policy Inquiry Loggermaster, 2-3304 Cambie St., V5Z 2W5, Vancouver, BC, Canada info@loggerflex.com