1. Introduction
TYAR (“Company”, “we”, “us”, or “our”) operates the AIN platform, which includes the AIN website (“Site”) and the AIN mobile application (“App”), collectively referred to as the “Platform”. These Terms of Use (“Terms”) govern your access to and use of the Platform and the related services (“Services”). By using the Platform, you agree to these Terms, as well as any additional terms referenced herein. If you do not agree with these Terms, please do not use the Platform.
2. Acceptance of Terms
By accessing or using the Platform, you represent that you (a) have full legal capacity to enter into a binding contract, (b) are at least 18 years old, and (c) are using the Platform in compliance with Abu Dhabi laws and regulations. If you are using the platform on behalf of an organization, you confirm that you have the authority to bind the organization to these Terms.
3. Services Provided
The Platform offers various Services, including IoT monitoring, data analysis, and device management tools for agricultural operations. These Services may include additional features or functionalities introduced in the future, which will also be governed by these Terms.
4. Account Registration and Responsibilities
• Account Setup: To use certain features of the Platform, you must create an account (“Account”) by providing accurate and complete information. You are responsible for maintaining the confidentiality of your Account credentials and are liable for all activities that occur under your Account.
• Security: You agree to immediately notify us of any unauthorized use of your Account or any other security breach. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
5. Use of the Platform
• Permitted Use: You may use the Platform for lawful purposes only, in accordance with these Terms and any applicable Abu Dhabi laws.
• Prohibited Use: You may not:
o Engage in any activity that disrupts or interferes with the Platform’s operation.
o Use the Platform to transmit harmful, unlawful, or objectionable content.
o Attempt to gain unauthorized access to any part of the Platform or any other systems or networks.
6. Device Data and Privacy
• Privacy Policy: Your use of the Platform is subject to our Privacy Policy, which outlines how we collect, use, and share your information, including device data.
• Device Data Usage: You retain ownership of the data generated by your IoT devices connected to AIN. However, by using the Platform, you grant us a worldwide, royaltyfree, non-exclusive license to use, distribute, reproduce, modify, and create derivative works from your device data for the purposes of providing, maintaining, and improving AIN Services.
• Third-Party Data Sharing: We may sell anonymized and aggregated device data to third parties for research and development purposes, as permitted by our Privacy Policy. Personal data will not be included in such sales.
7. Fees and Payment
• Subscription Fees: Certain features of the Platform may require the payment of subscription fees. You agree to pay all applicable fees as described in your selected subscription plan. All fees are non-refundable unless required by Abu Dhabi law.
• Billing: By providing payment information, you authorize us to charge the applicable fees to your payment method on a recurring basis until you cancel your subscription.
8. Third-Party Services
The Platform may include links to third-party services or content. Your use of such services is subject to the terms and conditions of the respective third parties. We are not responsible for the accuracy or availability of these third-party services.
9. Intellectual Property
• Ownership: All intellectual property rights in the Platform and its content belong to us or our licensors. You are granted a limited license to access and use the Platform for your personal or internal business purposes.
• Restrictions: You may not reproduce, distribute, modify, or create derivative works from any content on the Platform without our prior written consent.
10. Termination
• Termination by You: You may terminate your Account at any time. Upon termination, you will lose access to the Platform and any data stored within your Account.
• Termination by Us: We reserve the right to suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice, if we believe that you have violated these Terms.
11. Compliance with Abu Dhabi Laws
You agree to comply with all applicable laws and regulations of Abu Dhabi and the United Arab Emirates when using the Platform. Any conflict between these Terms and Abu Dhabi laws will be resolved in favor of the applicable Abu Dhabi laws.
12. Limitation of Liability
To the fullest extent permitted by Abu Dhabi law, TYAR, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform; or (c) unauthorized access, use, or alteration of your content or data. In no event shall TYAR’s aggregate liability for all claims related to the Services exceed the greater of AED 1,000 or the amount you paid TYAR in the last 12 months for the Services.
13. Indemnification
You agree to indemnify and hold harmless TYAR, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or expenses arising out of your use of the Platform or your violation of these Terms.
14. Governing Law and Dispute Resolution
• Governing Law: These Terms are governed by the laws of Abu Dhabi, United Arab Emirates.
• Dispute Resolution: Any disputes arising under these Terms shall be resolved through arbitration in Abu Dhabi in accordance with the rules of the Abu Dhabi Commercial Conciliation and Arbitration Center. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. Any changes will be posted on the Platform, and your continued use of the Platform after such changes have been made will constitute your acceptance of the new Terms.
16. Miscellaneous
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in effect.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
• Notices: All notices to us must be sent to support@tyar.com or by phone at +971524672273. Notices to you may be sent to the email address associated with your Account.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the use of the Platform.