Terms and Conditions - If Else Cloud

Welcome to Kypeco! We’re excited to see you take the first step towards an amazing digital manufacturing journey but before you start using Kypeco, we do need you to look through and accept these terms. We’ve done our best to explain it all without using too much legal jargon and statement with dozens of commas and semi-colons. It’s just to make it clear what both sides can expect from each other. 

To make things easier, we have categorized them by areas, such as terms of use, privacy policy, data protection policy and such. To make this long read a tad easier, we have also tried to summarize each section; however, please feel free to go through them in details.

These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use any of our products and services. Most of these are pretty standard in the SaaS world but some are specific and unique to our product and services.

If you still have questions or comments after you’ve read these terms, please drop us a line at support@ifelsecloud.com. We’d love to help.

Subscribing and using Kypeco

This part of the terms explain how to subscribe to Kypeco and use our services. When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.

1. You and If Else Cloud: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Kypeco, If Else Cloud, If Else Cloud Ltd., we, our or us, we’re talking about the If Else Cloud entity you contract with and pay fees to based on the edition of the Kypeco product you’re using.
2. Kypeco: When we say Kypeco, we mean the product of If Else Cloud, or the product suite, that you subscribe to, when you pay the subscription fee.

When you use any of our products or services, including If Else Cloud product line and services, in New Zealand or rest of the world, you contract with If Else Cloud Ltd. 6282972, Auckland, New Zealand.

3. Our services: Our services consist of all the services we provide now or in the future, including our online and mobile accounting and financial products.
4. Creating a subscription and subscription admin (the User): When you create a subscription to use our services and accept these terms, you become a subscriber and subscription admin. You must representing an organization and you become the User entering into this agreement, and you represent you have the authority to do so. The organization you are representing is responsible for paying for the subscription and you represent you have the authority to approve the payments and enter into the agreement as per the subscription term you have selected. When you invite an individual to use If Else Cloud, or when users you have invited invite a new individual, you are taking additional responsibilities with respect to the use of If Else Cloud by that individual. In summary, you accept these terms and conditions on behalf of the organization you are subscribing and the users who will use If Else Cloud product and services in your organization.
5. People added to use If Else Cloud: An additional user is a person other than the subscriber admin who has been invited to use our services through a subscription. These users must be part of the subscribed organization and must be able to authenticate themselves using the primary email domain of the organization. This email domain must be same as of the subscription admin used while subscribing the product. If you’re an added user, you must also comply with these terms to use our services, which the subscription admin has accepted on behalf of the organization. If you do not accept these terms, you cannot use our services. You can request your admin to remove you from the invited user list.
6. User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users. Also, you should provide them the necessary information regards the terms and services you have accepted on behalf of the organization you are representing. You can also direct them to these documents for more information. For any further help, please feel free to reach out to our support teams at support@ifelsecloud.com
7. Manufacturing Site: When we say manufacturing site, we mean your manufacturing plant, located at one physical address. If a business unit has multiple manufacturing sites, irrespective of distance between them, registered at different addresses, they are considered different sites.
8. Manufacturing Line: When we say manufacturing line, assembly line or production line, we mean a manufacturing process (often called a progressive assembly) in which parts (usually interchangeable parts) are added as the semi-finished assembly moves from workstation to workstation where the parts are added in sequence until the final assembly is produced. There could be multiple inputs at one line, however these inputs must be in sequence and produce one final product unit. A manufacturing line could produce multiple goods, however, it’s data will still represent that line. A line could be automated, with or without a conveyor belt, with human or without human intervention. If there are two manufacturing lines, producing the same item but their data must be collected and processed individually, then these are considered as two manufacturing line. There could be cases specific to your manufacturing site, so if you need more clarification whether an assembly line is considered as one or multiple, just ask us support@ifelsecloud.com
9. Smart Devices added to use Kypeco: A smart device could be any device mobile, tablet, watch, VR/AR/MR (also known as XR), Voice recognition system or any other form of device which can run any or all Kypeco solution or services. To use a smart device, you must also accept these terms to use our services. We provide these devices ‘as is’ with our product and services installed on these devices. When you use these devices, you accept the terms and conditions set by the manufacturers of these devices. If you do not accept these terms, you cannot use these devices in your environment. If you subscription includes smart devices, and we provide them to you, we will notify you the list of the devices and their manufacturers and identifiable device and model number. You are responsible to ensure that these devices are fit to use in your manufacturing site and by users in your country and law judications and meet all the required standards. If you find any issues, please let our support team know and we can discuss and suggest alternative solutions.
10. The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.
11. Subscriber role: As a subscriber, you take responsibility to manage user access in your subscription and who can access the data. It’s quite a big deal! For example:

• You cannot transfer a subscription.
• You control access to a subscription. You decide who’s invited to see your data.
• You’ve subscribed to and what kind of access the invited user has. You can change or stop that access at any time.
• You’re responsible for resolving any disputes with any invited users over access to your subscription.
• You’re responsible for all your invited users’ activity.

12. Rules: Whatever your role, when you use Kypeco you agree to follow the rules outlined in these terms. Please read them and make sure you understand what you should and shouldn’t do.
13. Your responsibilities: You promise that you’ll keep your information and your manufacturing site’s information up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your credentials from getting stolen or misused. While using the unattended smart devices in the manufacturing site, you’re also responsible for protecting the devices from being accessed by an unauthorized person. From time to time we recommend updated security practices and we suggest you consider applying them in your environment to protect your data. We sometimes make this security mandatory and we require you to use them to protect your and our environment. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
14. When we introduce new or revised services: Since we’re always thinking about how to make Kypeco the best it can be – seriously, we’ve got engineers dedicated to it – we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
15. What we own: We own everything we’ve put into our product and services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Subscription Pricing

You’ll need to pay the subscription fee to use our products and services, unless you’re in a free trial or other offer period. The pricing details and other terms of your subscription are explained when sign the subscription contract. This section highlight the common terms irrespective of the subscription model, unless stated explicitly in your subscription contract.

16. Trial subscriptions: We might offer a free trial or discounted trial subscription to some of our users. If you are offered a discounted trial or if you choose to continue using our services after the trial, you’ll be billed before starting your paid subscription. If you choose not to continue using our services following a trial, you may cancel the subscription. The trial offering is provided to you subject to change, deprecation, or termination at any time by If Else Cloud for any reason. For instance, if you exceed such usage limits of as notified to you from time to time, or at the time of starting the trial, your use of Kypeco may be suspended.
17. Kypeco pricing plans: Your use of our services generally requires you to pay a monthly or annual subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. The pricing plan may vary by region and includes information set out in the offer details and pricing page. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know. Depending on your region, subscription fees may be inclusive or exclusive of transactional taxes where relevant (like VAT and GST), as reflected in the pricing plan.
18. Taxes for your use of our services: Subscription Prices are exclusive of any taxes unless otherwise specified on the invoice as tax inclusive. You’re responsible for paying all other external fees and taxes associated, value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges, or any regulatory cost recovery surcharges or similar amounts with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.
19. Features and Functionalities included: While we try to include more and more features at the core of our eco-system (that’s what we love doing), some features might not fall into the core manufacturing system. For example, an air-monitoring system isn’t a part of core manufacturing line of functionalities. These additional features and functionalities, might incur extra cost and will be communicated to you by our team. We do this to keep the cost to everyone as low as possible and so you only pay what you use. Some of these additional features also required purchase of third-party licenses, which might incur you extra cost. Our team will provide you with all the information before you subscribe. If you have any questions, please ask support@ifelsecloud.com
20. Additional services: Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that Kypeco offers – like personal voice assistant. These might incur an additional fee that we’ll let you know about when you sign up for those services.
21. Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.

TEMPORARY SUSPENSION FOR NON-PAYMENT

22. Account Suspension: If Customer fails to pay any amount on time under these Purchase Terms and the applicable Terms of Use, we reserves the right to, at its sole discretion, suspend User’s access to all If Else Cloud Products and/or Plugins until such time as it is satisfied that all payments have been made or terminate the Terms of Use, in the manner specified in the applicable Terms of Use.
23. Charges during account suspension: While your account might be temporarily suspended, it still holds the infrastructure and incurs the cost. We do this to avoid any data or service loss due to temporary glitch or failure to make the payment on time. This also ensures that we a have quicker turnaround time when the payments are processed and your account is readily available when you regain access. If we suspends Customer’s access to If Else Clouds’ Products and/or Plugins for any failure to, or delay in, payment of any amount, Customer must pay the entire outstanding amount in order to restore its access to If Else Clouds’ Products and/or Plugins. During any period of suspension, Customer hereby agrees that If Else Cloud is entitled to charge Customer for the entire period for which Customer has placed an order for subscription to If Else Cloud Products and/or Plugins.

Data use and privacy

Kypeco uses your data to provide our services to you. This can be user’s or an organization's private data like name and email address. The other form is the manufacturing data collected through any sources like machine production details etc. Our privacy notice is an important part of these terms and describes in more detail how we deal with the data.

24. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
25. Transfer of data between external services: We use multiple cloud providers such as AWS, Microsoft Azure etc. to run our infra. In order to generate intelligent insights, we also use various services to perform machine learning algorithms and artificial intelligence on your data. To do so, we sometimes need to transfer your data between services. This data is transfer using the secured and encrypted channels. This data is used to provide you real-time insights, provide data redundancy, high availability and for integration with analytical services such as PowerBi. More information on this is under Apps and third-party products
26. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into Kypeco, like your name and email address.
27. Use of personal data you enter about others: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers, employees, products) that you enter into Kypeco.
28. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
29. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you're best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.
30. What we don’t do with your data: We don’t use your data or share with third party to target ads. We don’t sell your data or share with any third party for their own usage. We don’t allow export of your data to third-party services which are not integrated in our product. This is to ensure that you are always in-control of your data and we can protect it in our domain.

Confidential information

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

31. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.

32. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
33. Account security features: We may introduce security features to make your account more secure, such as two-step authentication, hardware security token. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
34. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Kypeco’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details, tax identifiers or bank account details.

Maintenance, downtime and data loss

We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.

35. Availability: We strive to maintain the availability of our services, and provide online support during business hours. These support hours might differ for each country and geographical locations. However, our friendly support team is happy extend help outside of these hours if required. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
36. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. 
37. Data loss: Data loss is an unavoidable risk when using any technology. In cases of loss of real-time insights, we have an option to import the older data to ensure that it’s not lost however, we cannot guarantee that all insights are regenerated. You’re responsible for maintaining copies of your data entered into our services.
38. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
39. Problems and support: If you have a problem, we have excellent support team. Please use details in the product or write us on support@ifelsecloud.com
40. Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).

Do’s and don’ts

This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense.

41. Feedback: We love your feedback and may use it without restriction.
42. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
43. Reporting Bug and Feature Request: If you identify a bug or issues in our product and services, we would love to have it raised with our engineering team. Our support engineers might be in-touch to collect more information required to have the bug or issues fixed. If you want to have feature in our product or services, we would love to know about it. Our Research and Development engineers would love to work with you while it’s development and make it available to our product line of services. When you share these information, you allow us to work and use these information in any form in accordance section 15.
44. Limitations: Some of our services may be subject to limits such as a cap on the number of monthly data usage, computational usage, network or other related resources usages or number users or devices.
45. No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
46. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:

• Undermine the security or integrity of our computing systems or networks.
• Use our services in any way that might impair functionality or interfere with other people’s use.
• Access any system without permission.
• Introduce or upload anything to our services that includes viruses or other malicious code.
• Share anything that may be offensive, violates any law, or infringes on the rights of others.
• Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
• Resell, lease or provide our services in any way not expressly permitted through our services.
• Repackage, resell, or sublicense any leads or data accessed through our services.
• Commit fraud or other illegal acts through our services.
• Act in a manner that is abusive or disrespectful to a Kypeco employee, partner, or other Kypeco customer. We will not tolerate any abuse or bullying of our Kypeco employees in any situation and that includes interaction with our support teams.

Apps and third-party products

To help make your Kypeco experience even more beautiful, the Kypeco ecosystem includes apps and other products and services and integration made available by trusted partners.

47. Other services: Some of our services, such as our Alexa Skills, Microsoft Teams or PowerBi are available through other companies’ services, such as Amazon Alexa Store, Microsoft. These companies may have additional terms that apply to you, such as the Microsoft terms and conditions for the use of the Microsoft Teams product.
48. IoT network or Integration with Manufacturing Systems: Your use of any automated systems such as SCADA system, OPC UA/DA, LMS, MES, ERP or any other manufacturing system or services, or any other external software are subject to terms and conditions and privacy notices set by their providers. This includes but not limited to any cloud based or legacy application or database management system or scripts and addons or any other form of software application including integration with Microsoft Excel or Access etc or macros etc. If you allow us to integrate our product and services to these external application, you ensure that you have permission to do so and have taken all reasonable measures to ensure that we can perform the integration on your behalf. You indemnify us against all claims, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of integrating our services with any third-party product in your environment.
49. Third-party products: Along with the use of our services, you may use data, services and apps from other companies (third-party products), for example, those we make available in our app marketplace. Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us. 
50. Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.
51. Use of your data to connect you to third party products: If you choose to connect your subscription to third-party products, we will use your personal data for that connection. Where we receive data as a result of that connection, we will use that data in line with our privacy notice and these terms.

Termination

If you subscribe a monthly plan, you can easily terminate your subscription with one month’s written notice. If you subscribe an annual subscriptions, you can easily terminate your subscription with one month’s written notice and we will refund the remaining amount prorated. If you terminate an annual plan, we will charge you with the monthly plan rate for the months that you use the subscription, including the notice period. Please note that the per month cost in a monthly subscription is higher than in annual subscription. We may terminate your subscription as well with the same notice of one month. If you violate these terms, we may terminate your subscription immediately.

52. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month's written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.
53. Termination by Kypeco: Kypeco may choose to terminate your subscription at any time by providing you with one month's written notice in advance. Kypeco may also terminate or suspend your subscription or access to all or any data immediately if: 

• you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
• you breach any of these terms and the breach cannot be remedied, 
• you fail to pay subscription fees, or 
• you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

54. No refunds: No refund is due to you if you terminate your subscription or Kypeco terminates it in accordance with these terms.
55. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

Liability and Indemnity

This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.

56. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
57. Disclaimer of Warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the exclusion in ‘Apps and third party services’, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
58. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
• We have no liability arising from your use of our services on the smart devices, IoT devices, including sensors, network equipment provided by us at any time during your use of the subscription, for any damage caused by malfunctioning of the device including but not limited to fire, explosion, electrical fault.
• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
• Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription of the month on the date on which the claim giving rise to the liability arose. For monthly subscriptions, this is monthly subscription price and for annual subscription, this is the discounted monthly subscription price.

Disputes

This section outlines how disputes may be resolved.

59. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

All about Hardware

This section outlines the policies related to all the hardware provided or recommended by us. In summary, it’s your responsibility to ensure that these devices meet the standards of your environment and are fit to use. Do not use these devices for anything else apart from running Kypeco line products (eco-system). Also, it’s your responsibility to ensure the safety of these devices. All devices provided by us, are always brand new.

60. Device Users: Smart devices provided by us, such as phones, tablets, watches, and Alexa, can only be used by the users of the subscription. It could be the subscription admin or any of the added users. These users must be registered in the subscription by the subscription admin. To keep your environment and data secure, we do not allow unauthorized users to access the smart devices provided by us.
61. Device Usage: These devices must only be used to run applications of Kypeco eco-system. We do not allow installation of any external app that is not pre-installed by us when we provide you the smart devices. Doing so, will violate the terms of use and the device's warranty.
62. Device Safety: You are responsible to keep these devices safe. If these devices are damaged in any way, fully or partly broken, lost, or stolen, we will charge you for a full replacement fee of the device cost and a small procurement fee.
63. Device Maintenance and Replacement: We will perform regular maintenance of the smart devices provided by us. We will take of replacing the older devices as per the schedule. You can find the details in the Support and Maintenance document.
64. Device Warranty: These devices are covered by their manufacturer’s warranty and are given to you ‘as is’. In case of any manufacturing fault, these will be sent back for the repair or replacement to their manufacturer or their support center. We will however, take all reasonable care to provide you a replacement as soon as possible.
65. Our liability on the hardware device: We are not liable for any fault occurred on these devices. We have no liability arising from your use of these devices for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense. We have no liability arising from your use of our services on the smart devices, IoT devices, including sensors, network equipment provided by us at any time during your use of the subscription, for any damage caused by malfunctioning of the device including but not limited to fire, explosion, electrical fault.
66. When in doubt ask: We ensure that these devices are globally recognized and have required safety certificates to be used in your country. Most of the smart devices that we provide are either Apple or Samsung products. Some exclusions of individual hardware providers are Amazon Alexa. We ask the supplier to provide us the certificates of the IoT devices to ensure that all things are taken care and tested for its usage in your country. When we provide you these devices, we also include the supported documents. We rely on you to let us know if they aren’t fit to work in your manufacturing environment. If you need any document to validate, or any other information regarding it’s working, please contact us on support@ifelsecloud.com

A few other things to note (you’re almost there…)

This section highlight a few important part of our terms. There cover the areas .

67. No professional advice: Just to be clear, Kypeco isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a digital manufacturing site or smart manufacturing or Industry 4.0 recommendations, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.  
68. Events outside our control: We do our best to control the controllable. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
69. Notices: Any notice you send to Kypeco must be sent to legal@kypeco.com. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
70. Exclusion: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise). 
71. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
72. Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
73. Blocking your access, disabling your subscription, or refusing to process a payment: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
74. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited. If Else Cloud may assign these terms - or any of our rights or obligations in these terms - to another If Else Cloud entity as it deems appropriate. If Else Cloud entities are the companies controlled by or under common control with If Else Cloud Limited (a New Zealand company with registration number 6282972).
75. Changes to these terms: We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Kypeco.
76. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable. If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
77. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
78. Preview releases: We may make Previews available. Previews are provided “as-is,” “with all faults,” and “as-available” and are excluded from the SLAs and all limited warranties provided in this agreement. Previews may not be covered by customer support. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into general availability.
79. Additional responsibilities of Subscription Admin: Any administrative and representative function exercised by you may be transferred and re-assigned to another individual. You agree to take any actions reasonably requested by If Else Cloud to facilitate the transfer of administrative function or representation to another individual. You also agree to ensure that all End Users are over the age of 16 years old as If Else Cloud Kypeco Product and Services are intended for users over the age of 16. Furthermore, at the time of subscribing to a trial or paid subscription, you shall select a single domain associated with the organization to be used for all End User accounts.
80. Administrator Assumption of Control: When you use an email address provided by your organization, you represent that you have the authority to use that organization’s domain to sign up for a Subscription in your capacity as a member of that organization. The organization, as the owner of the domain associated with your email address, may assume control over and manage your use of the Kypeco services. In such a case, your organization’s designated administrator (your “admin”) may (i) Control and Administer your account, including modifying and terminating your access (ii) Access and Process your data. If Else Cloud may inform you that your organization has assumed control of the Kypeco services covered by your Subscription, but If Else Cloud is under no obligation to provide such notice.
81. Force majeure: Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber-terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services)). This Section will not, however, apply to your payment obligations under this agreement.
82. Kypeco contracting entities; law and venue: Our contracting entities are listed below along with what law and venue apply in any dispute between you and us:

Kypeco Product Edition: New Zealand
Entity: If Else Cloud Ltd.
Registration: 6282972,
Law: New Zealand
Venue: New Zealand

We know it was a long read but it always helps to know your rights. Thanks for reading our terms and welcome to Kypeco! We wish you a great digital manufacturing journey!

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If Else Cloud - Data Processing Addendum

If Else Cloud - Support and Maintenance Plan