Terms and Conditions
General Terms and Conditions – Gemalto M2M Developer Platform
In these T&Cs, unless the context requires otherwise, the following terms shall have the following meanings:
“Closed Group” shall mean Threads which can only be accessed by Users subject to acceptance of additional conditions. The conditions to be admitted will be documented for every respective Closed Group.
“Forum” shall mean the interactive online forum on the Platform where Users can discuss challenges and solutions of Machine to Machine communication related matters, including cloud based services with other Users and Gemalto experts and share knowledge and expertise with others.
“Forum Content” shall mean any content which is posted or uploaded by an User on the Forum, including new threads, posts, comments, pictures, text, URLs.
"Gemalto M2M" shall mean Gemalto M2M GmbH, St.-Martin-Straße 60, 81541 Muenchen, Germany.
“Knowledgebase” shall mean the section of the Platform where Users can access and download documentation, FAQs, showcases, tutorials and publish Knowledgebase Content.
“Knowledgebase Content” shall mean any content which is posted or uploaded by an User on the Knowledgebase including, threads, definitions, FAQs, tutorials and step-by-step “how-to” instructions for common tasks.
“Messaging Service” shall mean a service which enables Users to contact other Users using the email address of the User.
"Organization” shall mean the User’s university or the company the User is employed at. If the User does not wish to indicate it’s university or company the User shall fill in “private” in the Registration Form.
“Platform” shall mean the website with the URL http://developer.gemalto.com/ referred to as “Gemalto M2M Developer Platform” or "Platform" containing Services, information and data provided by Gemalto M2M, the Forum and Knowledgebase and the respective Forum Content and Knowledgebase Content.
“Platform Moderator “shall mean persons acting on behalf of Gemalto M2M who moderate discussions on the Platform.
“Registration Form” shall mean the form which has to be completed by the User online for registering on the Platform.
“Services, Information and Data provided by Gemalto M2M” shall mean any information such as data sheets, technical information material, written statements or software which are posted or offered for download on the Platform by Gemalto M2M or its affiliated companies.
"T&Cs” shall mean these General Terms and Conditions.
“Thread” shall mean a set of posts on the Forum or the Knowledgebase consisting of an initial post about a topic and all responses to it.
“User” shall mean any natural person who registers on the Platform in accordance with these T&Cs.
“Username” shall mean the name chosen by the User in the Registration Form which appears on the Platform.
“User Profile” shall mean the profile picture, email address, Username, first name, last name and organization which the User indicates and/or uploads to his profile section on the Platform.
“Visitor” shall mean any natural person who visits the Platform and is not registered or registered but not logged in on the Platform.
2 Registration, Conclusion of usage agreement, free of charge usage
(1) The registration on the Platform is only permissible and for natural persons who are of full age (adult) as determined by applicable local law and not limited in their legal capacity.
(2) Every User has to register via the Registration Form. After completion of the Registration Form and acceptance of these T&Cs by ticking the respective box in the Registration Form the User will get a confirmation email in order to avoid any misuse of emails. The User has to confirm its registration via a link, which is indicated in the confirmation email. The activation will be effected by Gemalto M2M after confirmation of the registration.
(3) The User has to indicate its first name, last name, email and Organization in the Registration Form. The use of trademarks, company names and URLs as Username (nickname) in the Registration Form is not allowed.
(4) With the confirmation of the registration an agreement is concluded between Gemalto M2M GmbH and the User subject to these T&Cs.
(5) The registration and usage of the Platform is free of charge.
3 Subject matter of the agreement
(1) Obligations of User
a) The User has to protect its User Profile against any misuse. Only the User itself is allowed to use the User Profile. Therefore the User has to protect its log-in data against third party access. Any disclosure of the password to any third party enabling access to the Platform is forbidden.
b) The User undertakes not to publish Forum Content or Knowledgebase Content that violates the morality or applicable German law or any other applicable law. It is specifically prohibited to publish
i. Offensive, untrue, political, religious, sexual Forum Content or Knowledgebase Content.
ii. Forum Content or Knowledgebase Content which violates or may violate the copyrights, patent rights, trademark rights or other rights of third parties including but not limited to third party brand names or logos, technical drawings, press articles, articles of Web-newspapers, etc.)
iii. Anti-competitive statements
iv. Advertising in the Forum or Knowledgebase. This also applies to so-called subliminal advertising in particular web links.
v. Homepage URLs and addresses and other contact details which lead to prohibited or illegal content
c) In any case of any breach by the User against the aforementioned rules in Section 3 (1) a) and b), Gemalto M2M may at its option
- Delete or modify of the respective content
- Warn the User, or
- Temporarily or permanently block User’s access to the Platform
- Terminate the agreement and delete User’s registration
d) The language of the Platform is English; therefore the Forum Content and Knowledgebase Content has to be in English.
e) The User is responsible for reviewing any Forum Content or Knowledgebase Content prior to the publication. The User acknowledges that any Forum Content or Knowledgebase Content can be found and listed by search engines and is therefore accessible worldwide except for Knowledgebase Content published in a Closed Group. The User has no right of cancellation or correction of such search engine entries towards Gemalto M2M.
(2) Rights of User
a) The User can view and create Forum Content and Knowledgebase Content on the Platform. The User agrees and acknowledges that it has no enforceable right to participate or to publish content in the Forum or Knowledgebase. Gemalto M2M reserves its full domestic authority.
b) Only admitted Users can create Knowledgebase Content in Closed Groups and, furthermore, only admitted Users have the right to see the respective Knowledgebase Content within the respective Closed Group. For any other User or Visitor these threads are not visible.
c) Gemalto M2M does not guarantee that the Platform will operate uninterrupted or error free. The User agrees and acknowledges that the Platform may not be available from time to time.
d) Gemalto M2M reserves the right to modify or to cease to operate the Platform partially or in its entirety at anytime and without prior notice.
(3) Messaging Service
a) The Messaging Service can only be used if the User explicitly agrees to receive messages from other Users by ticking the respective box. The acceptance ticking box can be found under “My Profile” – “General Information” and can be ticked only after the first registration on the Platform.
b) If a User wishes to send another User a message the addressed User will receive a message which discloses the email address of the User who sends the message. The addressed User can then decide whether it would like to answer via its email address or send an own message via the Messaging Service. Answering via the Messaging Service will not store or indicate the previous conversations (=no conversation history).
4 Moderation of the Platform
(1) The Knowledgebase Content generated by Users in the Knowledgebase will be reviewed by Platform Moderators before being published. If the Platform Moderator decides that the content will not be published the respective User will be informed accordingly. This review will take place at Gemalto M2M´s normal business hours.
(2) The Forum Content generated by Users in the Forum will be reviewed by Platform Moderators only after being published. The Platform Moderator evaluates whether the content is evidently illegal and will delete the respective illegal content. No further evaluation will be effected by the Platform Moderator concerning the Forum Content.
(3) Platform Moderators can be contacted by Users or Visitors in order to demand the deletion of Forum Content or Knowledgebase Content which violates the rules in Section 3 (1) a) and b) or any third party property rights. The Platform Moderators will evaluate such request and take appropriate steps in order to end any violation of the rules or infringement of third party property rights.
(1) User agrees to indemnify and hold Gemalto M2M, its directors, employees and affiliates harmless from all loss, expense and damages (including reasonable attorney’s fees) which may be incurred by Gemalto M2M as a result of any claims or actions resulting from damages caused by Forum Content or Knowledgebase Content provided by User or any other usage of or contribution to the Platform by User.
(2) The User is obliged to assist Gemalto M2M in good faith with information and documents in a legal defense against third parties, including Visitors, or other Users.
6 Transfer of rights of use
(1) By posting any Forum Content and/or Knowledgebase Content on the Platform the User grants Gemalto M2M a non exclusive, transferable, not restricted to a certain number of users, worldwide, perpetual and irrevocable right to use, copy, modify, delete and publish the Forum Content and/or Knowledgebase Content on the Platform.
(2) If Gemalto M2M wishes to use Forum Content or Knowledgebase Content for other purposes than the Platform, Gemalto M2M shall and will contact the respective User in order to agree on a respective license agreement then.
(3) The User guarantees that it is (i) copyright owner and rights holder of any Forum Content and Knowledgebase Content which is posted and/or uploaded on the Platform by itself or is entitled to transfer any usage rights to Gemalto M2M and (ii) that the Content does not infringe any third party rights.
7 Use of Information and Intellectual Property of Gemalto M2M
(1) User will not copy (except for his internal use only), modify, license, market, sell or distribute any of the Services, Information and Data provided by Gemalto M2M. Any usage within Users Organization is considered as internal use.
(2) In case of Services, Information, Software and Data provided by Gemalto M2M with special license terms, the User will have to accept those license terms by ticking the respective acceptance box. Only after the acceptance of the license terms the User will be granted access to the respective Services, Information, Software and Data provided by Gemalto M2M.
(3) Gemalto M2M or its third party licensors retain all ownership and intellectual property rights to Services Information and Data provided by Gemalto M2M.
(4) User agrees that Gemalto M2M owns information, brand names and other contents of the Gemalto M2M website. User acknowledges and agrees that it will not have or acquire any right in or to the trademarks of Gemalto M2M or its affiliates.
8 Limitation of Liability of Gemalto M2M
(1) Gemalto M2M is not responsibility for any Forum Content and/or Knowledgebase Content posted and/or uploaded on the Platform by Users, especially not for its accuracy, completeness and timeliness. Gemalto M2M has no obligation whatsoever with respect to any IP claim concerning patent(s), copyright, trademarks, designs or third party’s trade secret which are based on Forum Content and/or Knowledgebase Content.
(2) Gemalto M2M is not responsible for any Services, Information and Data provided by Gemalto M2M. The usage is at User’s own risk.
9 Duration / Termination
(1) This agreement is concluded for an indefinite period.
(2) Either party may terminate this agreement at any time without notice.
(3) Gemalto M2M is entitled after termination of the agreement to block or deregister the User's access to the Platform. Gemalto M2M is entitled but not obliged, in case of termination to delete content created by the User. Gemalto M2M will notify the User respectively and enable it within a period of four (4) weeks after notification to save its content, e.g. via copying his content.
10 Applicable Law
(1) The court of Munich, Germany shall have sole jurisdiction over all disputes arising out of or in connection with the agreement, if the User is a merchant in terms of the German Commercial Code (HGB), a public-law fund or a body corporate organized under public law. However, Gemalto M2M may sue the User at the User´s general place of jurisdiction. If the User is a consumer, the places of jurisdiction provided for under statutory law shall apply.
(2) The agreement is subject to German law, excluding the United Nations Convention on Contracts for the International Sales of Goods (CISG).