Terms of Service
Version: 1.0
Last Updated: March 19, 2025
Note: Only the English version of the Terms of Service is legally binding.
Thank you for choosing Kroemtech services. By using our services, you agree to comply with these Terms of Service ("Terms") as well as any guidelines or documentation provided by Kroemtech related to the use of our services.
Your Agreement with KROEMTECH
Contract Service
"Kroemtech" refers to Kroemtech GmbH, located at Christoph Merian-Ring 11, 4153 Reinach, Switzerland, and is solely responsible for providing the Kroemtech Service. "Kroemtech" is also referred to as "we," "us," or "our."
The term "you" refers to you as an individual or the entity you represent. Kroemtech Services ("dathaScy Service," "ScyCloud Service," "Services," or "the Service") include the services made available through this website, such as the dathaScy IIoT platform and any other software, hardware, or services provided by Kroemtech in connection with these offerings.
Agreement
To use Kroemtech Services, you must first agree to the Terms of Service during registration. By using Kroemtech Services, you acknowledge and agree that your continued use of the Services constitutes implicit acceptance of these Terms.
Entering the Agreement
You may not use Kroemtech Services if you are prohibited from receiving such services under the laws of Switzerland or any other applicable jurisdiction, including the country in which you reside or from which you access Kroemtech Services. If you are accepting these Terms on behalf of a company or other legal entity, you confirm that you have the legal authority to bind that entity to these Terms, in which case "you" or "your" shall refer to the entity.
By accessing the website to view content, purchase products online, or use Kroemtech Services, you confirm that you are at least 18 years old and agree to these Terms of Service and our Privacy Policy. These Terms are an integral part of the Website Terms of Use, which apply to the overall use of our Site.
Service Expectation
By purchasing Kroemtech Services, you acknowledge that your decision is based solely on the features and functionality available at the time of purchase. You understand and agree that Kroemtech has no obligation to deliver future updates, enhancements, or new features. Additionally, any public statements, whether written or spoken, regarding potential future functionality do not constitute a commitment or guarantee of delivery.
Your Account and Use of KROEMTECH Services
Registration
To access Kroemtech Services and/or the API (if applicable), you must first complete the registration process. You agree to provide accurate, complete, and up-to-date registration information at all times. Concealing or misrepresenting your identity when requesting authorization to use the service is strictly prohibited. You are solely responsible for maintaining the security of your account and password, and you must not share your password with any individual or entity. If you become aware of unauthorized access to your account or password, you must notify Kroemtech immediately.
Kroemtech reserves the right to deny any registration request and may revoke access to password-protected areas at any time without providing a reason, especially in cases where:
1.
False or misleading information was provided during registration.
2.
You violate these Terms.
3.
You breach any applicable laws while accessing or using Kroemtech Services.
4.
Your account has been inactive for an extended period.
You are responsible for all activities conducted under your account, whether performed by you, your employees, or third parties (including contractors or agents). Kroemtech is not liable for any unauthorized access to your account unless it results from our breach of these Terms. If you suspect unauthorized activity or if your account information has been lost or stolen, you must contact us immediately.
Compliance with Law and Regulations
Your use of Kroemtech Services must adhere to all applicable international and national laws governing the export of data and the use of services. This includes, but is not limited to, regulations such as the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and any end-user, end-use, or destination restrictions imposed by the European Union, United Nations, U.S., or other governing authorities related to Kroemtech Services and technologies.
Without limiting the generality of the above, you are prohibited from making the Service available to any individual or entity that:
1.
s located in a country subject to restrictions or embargoes by the European Union, United Nations, or U.S. government, including those listed as prohibited or restricted parties by these authorities.
2.
Engages in activities, whether directly or indirectly, related to the proliferation of weapons of mass destruction.
Administrative Interface
You agree not to:
•
Access (or attempt to access) the administrative interface of Kroemtech Services by any means other than through the interface provided by Kroemtech in connection with Kroemtech Services, unless you have been specifically authorized to do so under a separate agreement with Kroemtech; or
•
Engage in any activities that interfere with or disrupt Kroemtech Services, including the servers and networks connected to Kroemtech Services.
Service Offerings
You are permitted to access and use the services in accordance with these Terms. Kroemtech reserves the right to update, alter, or enhance any part or feature of its services at any time. We will inform you of any significant changes or discontinuations related to the services.
Third-party content, such as contributions or postings (including photos, drawings, documentation, videos, or any other materials uploaded by third parties, particularly other users), is provided to you directly by other companies or individuals. Since we have not reviewed this third-party content, you use it at your own risk.
Usage Limitations
Your account has usage limits for storage and SMS notifications. If you exceed these limits, a fee will be charged. Kroemtech reserves the right to enforce these limits at its discretion, which may include notifying you if you surpass them.
Subscription
Kroemtech Services are offered on a time-based subscription basis for the duration of the subscription term. 'Subscription Term' refers to the period of your subscription to Kroemtech Services, as specified in the applicable order form, which represents the agreement between you and Kroemtech regarding the services, in accordance with these Terms of Service. This includes the Initial Subscription Term and any Renewal Terms.
Fees for Use of the Kroemtech Services
Paid Use
Subject to these Terms, Kroemtech Services are provided to you on a paid basis from the start. There is no free period, unless a coupon is provided to activate a trial period. If you exceed the specified limits or require additional features, you will need to purchase additional resources or services. Payment obligations are non-cancellable, and fees paid are non-refundable.
Payment
For all purchased resources and services, we will charge your credit card or invoice you on a monthly basis or at the interval specified in Kroemtech's fees and payment policies, if different. Charges are based solely on Kroemtech's measurements of your use of the services, unless otherwise agreed upon in writing. To the fullest extent permitted by law, refunds (if any) are at Kroemtech's discretion and will only be issued as credit for Kroemtech Services. Nothing in these Terms obligates Kroemtech to extend credit to any party.
Overdue Charges
If any invoiced amount is not received by the due date, then, without limiting our rights or remedies, those charges may accrue late interest at a rate of 1.5% per month on the outstanding balance.
Suspension
Kroemtech reserves the right to discontinue providing services to you for any late payments, with prior notice of at least 30 (thirty) days before the cessation of service.
Taxes
Our service fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments of any kind, including, for example, value-added, sales, use, or withholding taxes, as assessed by any jurisdiction (collectively, 'Taxes').
Both parties acknowledge that withholding income tax and other taxes on services provided may be due in multiple countries. The Service User agrees to determine whether any withholding income tax or other taxes required to be withheld under the applicable tax laws and regulations of their country of domicile are due. The Service User will be responsible for these taxes, as agreed between the parties. Additionally, the Service User shall ensure that any withholding taxes or other taxes due are paid to the appropriate tax authority within the required timeframe.
Upon request, the Service User must provide Kroemtech with written confirmation of payment from the appropriate tax authority.
Sharing of Payment Information
Kroemtech uses a Payment Service Provider (the 'PSP'). You acknowledge and agree that any credit card and related billing and payment information you provide to Kroemtech’s PSP may be shared by the PSP with other companies working on the PSP’s behalf, such as payment processors and/or credit agencies. This sharing will be solely for the purpose of checking credit, processing payments to Kroemtech, and servicing your account. Kroemtech may also provide information in response to valid legal processes, such as subpoenas, search warrants, court orders, or to establish or exercise its legal rights or defend against legal claims. Kroemtech will not be liable for any use or disclosure of such information by third parties.
Change of Payment Conditions
Kroemtech may change its fees and payment policies for Kroemtech Services by notifying you at least thirty (30) days before the start of the billing cycle in which the change will take effect. Any changes to the fees or payment policies will be posted on the website (or other URLs that Kroemtech may provide in the future). Any outstanding balance will become immediately due and payable upon termination of the service for any reason.
Rights of use the Information, Documentation and other Content
Content
You understand that all information (such as data files, written text, music, audio files or other sounds, photographs, videos, or other images) that you may access as part of or through your use of Kroemtech Services is the sole responsibility of the person or entity from which the content originated. All such information is referred to as "Content."
Kroemtech Content
Subject to the section "Your Responsibilities/Kroemtech’s Rights" below, Kroemtech grants you a non-exclusive, non-transferable license for the duration of the license term, which may not be sublicensed, to use the information, documentation, and other Content or materials made available by Kroemtech on or through Kroemtech Services, to the extent agreed upon, or, in the absence of such an agreement, for the purpose for which it was made available by Kroemtech.
Your Content
Subject to the section "License from You" below, you grant the same rights in return for all of your feedback, contributions, or postings, including photos, drawings, documentation, videos, or any other content uploaded by you and shared with other users of the Kroemtech cloud ("Your Content"). You consent to Kroemtech’s use of Your Content to provide the service offerings and to continuously improve Kroemtech Services. The section "Your Content" of the Kroemtech Privacy Policy shall apply.
Removal of Content
Kroemtech reserves the right (but has no obligation) to disable any Content on Kroemtech Services. You agree to immediately remove any Content that violates these Terms of Service, including if requested by Kroemtech. If you choose not to comply with a request from Kroemtech to remove certain Content, Kroemtech reserves the right to directly disable such Content or your account, as outlined in the section "Your Responsibilities/Kroemtech’s Rights" until the potential violation is resolved.
Backup
You agree that Kroemtech shall have no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted through the use of Kroemtech Services. You further acknowledge that you are solely responsible for securing and backing up Your Content.
Your Responsibilities / Kroemtech's Rights
You shall be liable for any damage incurred as a result of third parties gaining access to your password due to your negligent or intentional actions. If your password is stolen or if you become aware that it is being used unlawfully by a third party, you must immediately inform Kroemtech using the contact form provided on the website.
When accessing or using Kroemtech Services, you agree not to:
1.
Harm the business, interests, or reputation of Kroemtech.
2.
Harm others, especially minors, or infringe on their personal rights, particularly through your submissions and postings.
3.
Violate any intellectual property rights or any other proprietary rights.
4.
Upload any content containing a virus, such as a Trojan Horse, or any malicious code that could damage data.
5.
Transmit, store, or upload hyperlinks or content to which you are not entitled, especially when such content violates confidentiality obligations or is unlawful.
6.
Distribute advertising, unsolicited emails (so-called "spam"), or inaccurate warnings about viruses, defects, or similar material.
You are responsible for properly configuring and using Kroemtech Services according to your needs and for taking appropriate steps to ensure the security, protection, and backup of Your Content. Kroemtech reserves the right to remove any posts or Content that violates these Terms without prior contact with the author. Kroemtech’s rights under the section "Rights to Use the Information, Documentation, and Other Content" remain unaffected.
License from Kroemtech and Restrictions
License from Kroemtech
Subject to any priority license terms of ervice, Kroemtech grants you a personal, worldwide, non-transferable, and non-exclusive license for the license term to use the software provided by Kroemtech as part of Kroemtech Services. This license is solely for the purpose of allowing you to use and enjoy the benefits of Kroemtech Services as permitted by these Terms.
Restrictions
You may not (and may not allow anyone else to):
•
Copy, modify, create derivative works of, reverse engineer, decompile, or attempt to extract the source code of any underlying software in Kroemtech Services or any part of it, unless expressly allowed by law, the applicable license terms (such as an open-source license), or if you have received written permission from Kroemtech.
•
Attempt to disable or bypass any security mechanisms used by Kroemtech Services or any applications running on Kroemtech Services.
•
Interfere with the proper functioning of the service, including any intentional efforts to overload the service.
Violating any of these restrictions may lead to the termination of your account, as described in the section "Termination by Kroemtech."
Hardware
To book certain services, the installation of separate hardware (the "ScyGate Device") at your site is required. You acknowledge and agree that the ScyGate Device is necessary for these services, and it will be installed at your location.
Property Rights
When subscribing to a service that requires the ScyGate Device, we will provide the device as part of the service, provided you pay for installation, if applicable. Once installed, the ScyGate Device becomes your property; however, the software within the device remains the property of Kroemtech. You must allow Kroemtech to update this software by sending updates or patches to your ScyGate Device. Kroemtech will choose the make and model of the device at its discretion.
Installation
Generally, there will be no charge for installation. You are responsible for installing the ScyGate Device yourself. Kroemtech will provide the necessary documentation to assist you with the installation. If you encounter difficulties, you can:
•
(a) Request a paid installation service from Kroemtech, in which case we will send a Kroemtech service technician or arrange for a licensed service provider to perform the installation.
•
(b) Return the ScyGate Device to Kroemtech at no cost.
Usage
The ScyGate Device, as part of a dedicated service, will collect information from your connected field devices and transmit data to Kroemtech Services. Kroemtech reserves the right to perform data preprocessing, including but not limited to data caching, compression, or conditioning. Once the ScyGate Device is integrated into your infrastructure, you are authorized to install it in accordance to the User Manual. Any usage not specified in the related documentation is prohibited.
The ScyGate Device, to enable and support dedicated services, will exchange information with your connected field devices and Kroemtech Services. By subscribing to these service add-ons, the ScyGate Device will function as an intermediary between your field devices and Kroemtech Services.
Updates
Kroemtech continuously works to improve the user experience and enhance service offerings. You acknowledge and agree that Kroemtech may provide updates and patches to all Kroemtech Services to improve its functionality or resolve any issues.
Connectivity
You agree to maintain a continuous connection between your field devices, Ethernet network, and the ScyGate Device at all times. The ScyGate Devices requires specific conditions to function properly, including LTE coverage. If your environment does not meet the required conditions, you acknowledge that the service will not be suitable for you, and you should refrain from ordering it. Connectivity issues arising from failure to meet these boundary conditions will not be supported by Kroemtech.
Irregular States
An irregular state refers to any condition that prevents the ScyGate Device from establishing or maintaining LTE connectivity. This may include, but is not limited to, scenarios such as being out of LTE range, having rooms or areas with poor or no cellular signal, or other environmental factors that disrupt the cellular network connection. While Kroemtech provides devices with SIM cards and guarantees plug-and-play data transfer, these irregular states caused by connectivity issues are beyond our control. As such, Kroemtech accepts no liability for any disruptions in LTE connectivity or data transmission between the ScyGate Device and Kroemtech Services. Irregular states do not create any obligation for Kroemtech to issue a refund.
License from You
License from You
Kroemtech does not claim ownership or control over any of your Content. You retain all copyright and other rights you hold to your Content and are responsible for protecting those rights as appropriate. By submitting, posting, or displaying Content on or through Kroemtech Services, you grant Kroemtech a worldwide, non-exclusive license to reproduce, adapt, modify, and translate such Content solely for the purpose of:
•
(a) Enabling Kroemtech to provide you with the Services.
•
(b) Analyzing and improving the operation of the service.
•
(c) Developing additional service offerings.
Data Sharing
By inviting a collaborator to your organization, you grant that user permission to access and use the device data and permissions you share, as allowed by the relevant Kroemtech Services functionality or features. You are solely responsible for the data shared and the permissions granted to collaborators. This permission is non-exclusive, non-transferable, and cannot be sublicensed, and is granted solely for the purpose of collaborating on the shared data within your organization.
Feedback
You may choose to, or we may invite you to, submit comments or ideas about Kroemtech Services, including, but not limited to, suggestions on how to improve our services or products (the "Idea" or "Ideas"). By submitting any Idea, you agree that your disclosure is voluntary, unsolicited, and without any restrictions. You acknowledge that this submission does not place Kroemtech under any fiduciary or other obligation, and that we are free to use the Idea without providing any additional compensation to you. Furthermore, we may disclose the Idea on a non-confidential basis or otherwise to anyone.
Third Party Provider
Subcontractors
You acknowledge that Kroemtech utilizes third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to operate Kroemtech Services. These subcontractors are bound by the same Terms provided by Kroemtech to the end user.
Hyperlinks
Kroemtech Services may contain hyperlinks to third-party websites, including those of our partners. Kroemtech is not responsible for the content of these external websites and does not endorse or make any representations regarding the information, products, or services provided on those sites. Since Kroemtech does not control the content of these external pages, we are not liable for any information or material on them. At the time of linking, we checked the linked pages for potential legal violations and found none. However, continuous monitoring of the linked content is not feasible without specific evidence of legal violations. If we become aware of any infringements, we will promptly remove such links.
Legal Notice
Copyright
The content and works created on this website are protected by copyright law. Any reproduction, modification, distribution, or other forms of commercial use beyond what is allowed by copyright law requires prior written consent from the respective author, creator, or copyright holder. Where content on this site is not created by us, we respect third-party copyrights, and such content is duly credited. If you become aware of any copyright infringement, please notify us immediately. Upon notification of infringement, we will remove the content in question promptly.
Trademarks
All brands and trademarks mentioned on the website, and where applicable, protected by third parties, are subject to the relevant trademark laws and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is free from third-party protection.
Data Privacy
For the collection, use, and processing of personal data of users of Kroemtech Services, Kroemtech will adhere to applicable data privacy protection laws and the Kroemtech Privacy Policy, which can be accessed via a link on the Kroemtech website.
Modification and Termination of Kroemtech Services
Modification
Kroemtech is continuously working to improve its services to provide the best possible experience for its users. You acknowledge and agree that the features and nature of Kroemtech Services may change from time to time. Any changes to the services will be communicated to you at least thirty (30) days before they become effective for all versions of the Kroemtech Services. These changes may include, but are not limited to, updates to fees and payment policies, added features, or other enhancements.
The latest version of these Terms of Service will be available on this Site, and you should review them before purchasing any products or services offered through the Site. Your continued use of the Site after any updates to these Terms will signify your acceptance and agreement to those changes.
Termination by You
You may terminate the contract at any time by canceling your account on Kroemtech Services. If you have a paid account, you can cancel it within the cancellation period, which must be at least one month before the end of your current contract period to avoid automatic renewal. In case of early termination, Kroemtech is not obligated to issue any refunds.
Termination by Kroemtech
Kroemtech may terminate this agreement by providing you with notice, either via email or in writing, without any liability or further obligation to you, in the following circumstances:
1.
With 30 days' written notice if there is a material breach on your part that remains uncured after the specified period.
2.
If you become subject to a bankruptcy petition or any other insolvency-related proceedings.
3.
If you enter receivership, liquidation, or an assignment for the benefit of creditors.
4.
If you do not agree to any changes in the Terms of Service.
Upon termination of your license by notice, you must immediately cease using Kroemtech Services and remove any Kroemtech marks from your presence, if applicable.
Data Export
You are solely responsible for exporting your Content from Kroemtech Services before the termination of your account for any reason. If we terminate your account, we will provide you with access to your data for an additional 3 (three) months so you can retrieve your Content. During this period, only the Service itself will be interrupted. After 3 (three) months, you will receive written confirmation regarding the deletion of your data and the sanitization of all computing resources.
Hardware
You acknowledge that upon termination of the contract, any previously delivered and installed ScyGate Device will no longer transmit data to Kroemtech Services, or Kroemtech Services will refuse to store any incoming data from the device.
Warranties
Service
When Kroemtech Services are purchased, the following provisions shall apply:
1.
Service Warranty:Kroemtech warrants that during the Subscription Term, Kroemtech Services will meet the applicable specifications and be free from quality defects and malware.
2.
Intellectual Property Warranty:Kroemtech warrants, to the best of its knowledge, that Kroemtech Services do not infringe any third-party intellectual property rights enforceable in the European Union or Switzerland at the time of service delivery. However, Kroemtech does not warrant freedom from defect in title for any territories outside the aforementioned ones or for any third-party software, including open source software, delivered with, used, or facilitated by Kroemtech Services. If necessary, Kroemtech will remedy any defects in title by obtaining the legally uncontested license to use the services or, at Kroemtech’s discretion, by providing a replacement, modified services, or terminating the subscription agreement and refunding any fees paid for the remaining period, if applicable.
3.
Contract Rescission:If you set a reasonable time period for Kroemtech to remedy the defect in quality or title, and Kroemtech fails to do so within that time, you have the right to rescind the contract.
4.
Notification and Remedy Process:The aforementioned remedies are only available if the discovery of non-conformity occurs during the subscription period. You must promptly notify Kroemtech in writing, but no later than thirty (30) days after discovering the issue. Kroemtech will then examine the issue, and it must be verified that a non-conformity exists.
5.
Disclaimer of Other Warranties:Except for the limited warranty provided in this section, Kroemtech expressly disclaims any and all other warranties or conditions, including but not limited to implied warranties of merchantability, fitness for a particular purpose, availability, security, title, or non-infringement.
General
Notwithstanding anything to the contrary in these Terms of Service, the provisions in the Section "Warranties" shall apply and represent the entire liability and obligations of Kroemtech, as well as the sole and exclusive remedy for the contract partner regarding any defects in Kroemtech Services.
Limitation of Liability
1.
Kroemtech’s maximum liability for all direct damages or immediate losses arising out of or relating to the respective contract or the use or inability to use Kroemtech Services, including any ScyGate Device (if applicable), is limited to the amount of the annual subscription fee per claim and per year.
2.
Kroemtech’s liability for all indirect or consequential damages, such as loss of profits, goodwill, business reputation, or loss of customers, is excluded.
3.
The limitations and exclusions in this section apply regardless of the cause of action, and whether a claim is based on contract, warranty, indemnity, tort, or otherwise.
4.
Kroemtech’s liability remains expressly reserved in respect of:
•
Death or personal injury caused by its negligence (including negligence by its employees, agents, or contractors);
•
Fraud and/or fraudulent misrepresentation;
•
Willful misconduct, abandonment, or gross negligence;
•
Product liability or any other liability that cannot be limited or excluded under applicable law.
Indemnification
1.
You agree to indemnify and hold harmless Kroemtech, its subsidiaries, affiliates, partners, as well as their directors, representatives, and employees ("indemnitee") from any third-party claim arising out of or related to:
•
(a) Your breach of these Terms of Service,
•
(b) Your improper use of Kroemtech Services,
•
(c) Your violation of applicable laws, regulations, or rules in connection with the use of Kroemtech Services, or
•
(d) Your Content, including any resulting liability or expenses arising from claims, losses, damages (both actual and consequential), suits, judgments, litigation costs, and attorney fees of any kind. In such cases, Kroemtech will provide you with written notice of the claim, suit, or action.
2.
If an indemnitee becomes aware of a third-party claim that, if successful, will result in a loss to be indemnified under this section, the indemnitee must promptly notify you in writing (with a copy of the notice sent to the indemnitee's legal counsel). Failure to provide such notice promptly will not affect the right to indemnity, except if it prejudices the defense of the claim.
Changes to the Terms of Service
We may update or modify these Terms of Service, for instance, to reflect changes in the law or updates to our Kroemtech Services. We will inform you about any changes to the Terms by posting a notice within the service documentation, on our website at https://www.kroemtech.ch, and via personal notification to you. These notifications will be sent at least 30 (thirty) days before the current contractual period ends.
•
New customers will be bound by the most recent version of the Terms of Service.
•
Existing customers are generally bound by the version of the Terms they agreed to when they initially subscribed to the service or extended their service period. Any changes to the Terms will apply with the new contractual period.
•
If you refuse to accept the updated Terms, this will result in the termination of the contract, as outlined in the "Modification and Termination of Kroemtech Services" section.
Miscellaneous
Scope
These Terms of Service represent the entire legal agreement between you and Kroemtech and govern your use of Kroemtech Services (excluding any services provided to you under a separate agreement). They fully replace any prior agreements between you and Kroemtech in relation to the Services.
Relationship of the Parties
You and Kroemtech act independently and are not partners, joint venturers, agents, or employees of each other. You do not have the authority to assume or create obligations for or on behalf of Kroemtech, nor can you attempt to bind Kroemtech to any contract.
No Waiver
If Kroemtech does not exercise or enforce any legal right or remedy contained in these Terms (or that Kroemtech benefits from under applicable law), this will not be seen as a formal waiver of Kroemtech’s rights. Those rights or remedies will remain available.
Severability
If any part of these Terms is found to be invalid by a court of competent jurisdiction, the parties agree that the court should try to reflect the original intention of the provision. All other provisions of these Terms will remain in full force and effect.
Governing Law, Jurisdiction
These Terms and the legal relationship between you and Kroemtech shall be governed by and interpreted in accordance with the laws of Switzerland, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods). The exclusive jurisdiction for all disputes arising from or related to these Terms and your use of the Services, regardless of legal reason, will be the location of Kroemtech’s headquarters in Reinach/BL, Switzerland.
For any questions about these Terms or Policies, you can contact us at: info@kroemtech.com
Kroemtech GmbH
Christoph Merian-Ring 11
CH-4153 Reinach
Schweiz
info@kroemtech.com
+41 61 717 82 45