GENERAL TERMS OF USE OF ARDUINO SCIENCE JOURNAL APP
Please read carefully the following general terms (“General Terms”) before using the Arduino Science Journal app ("App"). The user who uses the App ("User") acknowledges having read these General Terms and agrees to be bound by them. In the absence of such acceptance, the User is not authorized to use the App and is invited to close and delete it from his mobile device. The App is intended for use by Users who are of legal age to use it in their country of residence and in the country from which they access it. Otherwise, the User is not allowed to use the App and is invited to close and delete it from his mobile device.
1. Object
1.1 The App is a mobile application owned by Arduino S.A. , with registered office at Via Ferruccio Pelli 14, 6900 Lugano, TI (Ticino), Switzerland (“Arduino”) and managed by Arduino S.r.l., which allows the User to conduct scientific experiments by measuring the surrounding world with sensors (mobile devices’ sensors, as well as external sensors connected via Bluetooth® to Arduino), documenting and comparing data, backing up experiments using a local device or Google Drive, developing and validating hypotheses, and taking notes. The app is available for download for Android and iOS devices, and it’s released open-source. The use of the App and the availability of the services offered by the App (“Services”) are governed by these General Terms and by the documents and policies published on the App.
1.2 In order to access the App and to use Contents and Services, the User has to accept these General Terms.
2. User’s Obligations
2.1 The User acknowledges that the use of the App in accordance with these General Terms is essential for the proper functioning of the App and for the availability of the App by other Users.
2.2 User agrees to use the App in accordance with the General Terms only for the purposes stated therein, as well as in compliance with the applicable legislation, and agrees in particular not to:
- transfer or resell to third parties the Services or in any case its right to use the App;
- tamper with or otherwise operate on the App without the intervention and authorization of Arduino;
- use the App or the Services if your Account has been suspended;
- use the App to create or provide services similar or identical to the Services;
- provide Arduino with data that are false, inexact, inaccurate, misleading, or which results in a detrimental effect on third parties;
- spread viruses, malware, or any other technology designed to damage the App, Users' devices, to violate the rights of Arduino or other Users, or otherwise to prevent or disrupt the use of the Services by other Users;
- copy, modify, or distribute the content of the App, Services, or Arduino's or any third party's proprietary information;
- use any mechanism, software or process that may interfere with the proper functioning of the App;
- circumvent measures implemented by Arduino to grant security of the App and prevent intrusion or access by unsolicited automated users (including, without limitation, robots, spammers, spiders);
- upload to the App, or otherwise communicate or send through the App to other Users, contents that are offensive, vulgar, violent, false or damaging to Arduino's image, or contrary to law;
- copy, download, duplicate, distribute, disseminate or otherwise use - even partially - images, trademarks, text and contents owned by Arduino or otherwise found on the App;
- export outside the App any information, other than as expressly regulated in these General Terms.
2.3 If Arduino believes, at its sole discretion, that the User has acted in a manner that could give rise to technical problems or legal liability, or that is contrary to the provisions of the General Terms, Arduino may, by way of example, limit, suspend or interrupt the use of the Services and the Account, prohibit access to the App, and take technical and legal measures to prevent the User from using the Services and the App.
2.4. In order to allow Arduino to maintain the App at optimal and safe levels of functionality, the User agrees to report to Arduino any technical issues that come to his/her attention.
2.5 By accepting these General Terms, the User agrees to indemnify and hold harmless Arduino from any prejudice arising from the User's violation of the General Terms, of legal obligations or of third parties' rights.
3. Use of the App
3.1 Although Arduino strives to make the App and Services as accessible as possible, there will be times when access to the App or use of the Services may be interrupted, including cases for maintenance or upgrades. However, Arduino agrees to provide technical assistance to Users in the event of problems with Arduino. Given the features of the App and the Services, the User acknowledges that Arduino is not liable for problems in accessing the App due to causes not directly connected to Arduino and, in particular, to:
- connectivity problems and continuity of internet traffic available to the User;
- issues relating to User's IT systems;
- problems relating the terminals used by the User, including failures of the devices used by the User and including cases where such devices are not compatible or fast enough to use the Services;
- where activated, problems related to Google Drive and the synchronisation of documents between the App and Google Drive;
- Experiments loss, or problems related to saving the experiments into your device.
3.2 The User acknowledges that the App may automatically update on his/her device when a new version is available or may require the User to actively update it. The User agrees to keep the App up to date at all times in order to get the most out of the Services.
3.3 The App may include links to third party websites that are not controlled or operated by Arduino. Arduino is not responsible for the information and, in general, the navigation of the User on such third-party websites.
4. Contents
4.1 The Contents available at science-journal.arduino.cc are related to the Arduino Science Journal app Services and may include information about: a range of different subject areas, such as light, sound, motion and electricity, and can be used to enrich the learning experience within a variety of subjects such as math, physics, biology and chemistry.
4.2 Arduino reserves the right to remove or edit any Content without notice.
4.3 The User acknowledges that the Contents are regulated under a Creative Common Attribution-NonCommercial ShareAlike 4.0 international license.
- you must give appropriate credit, provide a link to the license, and indicate if changes were made;
- you may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use;
- you may not use the material for commercial purposes;
- if you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
4.4 Arduino will not be liable for any damages suffered by the User or caused by the User to any third party as a result of incorrect or improper use of the experiments created within the App. The User agrees to indemnify and hold Arduino harmless from any damages arising from third party claims or demands related to his/her incorrect or improper use of the Contents. Arduino will not be liable in case of damage caused to third parties by the use of the App that also does not comply with the instructions and safety warnings provided to User in the App. Moreover, Arduino will not be held responsible for device damages caused by improper use of User.
4.5 The App may include features or Contents that refer to third party products or services or link the User to third party sites and platforms. Arduino has no control over such products, services, sites or platforms, nor over their content, therefore it provides no guarantees as to their operation, and will not be liable to the User. In any case, Arduino invites the User to use only products, services, sites and platforms in a lawful manner and in full compliance with the applicable contractual conditions and applicable laws. Regarding Google Drive and Cloud Sync features, by tapping on “Google Drive” button you are agreeing to Google’ policies and permissions and you can ask more information on these by contacting directly Google. Arduino has no control neither liability on Google’ permissions and both on Google policies about the sue of Google Drive, therefore Arduino provides no guarantees as to Google’s operation.
5. Industrial and Intellectual Property
5.1 The User acknowledges that Arduino or its licensors own all Intellectual and Industrial Property Rights (as defined below) related to the App (including, without limitation, the software that enables it to function and the related code, the databases, the user interface, the graphics, the layout and the look-and-feel) and to the Content (including, without limitation, texts, photographs, videos, audio files, trademarks, logos and trade names).
5.2 For the purposes of these General Terms, "Intellectual and Industrial Property Rights" shall mean all rights in force for the protection of tangible and intangible assets including, without limitation, patents, trademarks, domain names, designs, models, copyright, related rights and databases, whether registered or unregistered, including any applications for protection already filed.
5.3 The User may use the App and the Contents exclusively within the limits indicated in these General Terms and for the purposes described therein.
5.4 User is prohibited to:
- translate, decompile or reverse engineer the App, or carry out any other activity aimed at identifying the algorithms and logics of operation of the App;
- extract or copy the information contained in the App, create derivative works from the App, reuse the App or make any other use of it other than as set out in these General Terms.
5.5 Except in case of written authorization of Arduino, the User may not reproduce, download, export, communicate to the public or engage in any other act of exploitation or economic use of the Contents and any other content made available through the App.
5.6 In case of use of the App or Contents in violation of these General Terms, Arduino reserves the right to exclude the User from the App, without prejudice to any claim, action or demand, including compensation for damages. The User agrees to indemnify and hold Arduino harmless from any injury resulting from third party claims or demands related to the unauthorized use of the App or Contents.
6. User’s Account
6.1 The User can create an Account, following the instructions indicated in the App, to which username and password ("Credentials") will be associated.
6.2 In this case, the User is required to take all appropriate measures to ensure that the Credentials are kept confidential and assumes responsibility for any damage caused to Arduino or third parties in connection with the failure to comply with this obligation. The User agrees not to disclose the Credentials and the information accessible through them and agrees not to allow third parties to access the App.
6.3 The User is liable for providing Arduino with true and accurate information and, in order to ensure the security of the Account, he/she agrees:
- not to provide false information;
- not to create false or duplicate Accounts;
- update his/her Personal Information as necessary;
- not to share or transfer his/her Credentials to third parties;
- not to use any name as a username or Account identifiers that violates any law or the rights of any third party (in this case Arduino may suspend User’s registration or Account until the issue related to such denomination is resolved).
7. Duration
7.1 These General Terms are effective from the moment the User starts using the App until the cancellation of the App from the User's device.
7.2 If created, the User has the right to delete his/her Account by accessing the Arduino ID profile page, and confirming the cancellation of the Account by following the related procedure, to which a confirmation email shall follow. Arduino will delete the Account within 7 days from the completion of this procedure. In this case, the User may continue to use the App limited to the Services that do not require the creation of an Account and will therefore continue to be bound by these General Terms when using the App.
7.3 If the User will be inactive for 24 months, with effect from from his/her last activity on the App or the last access to the Account, Arduino will be entitled to close his/her Account.
7.4 Arduino shall be entitled to delete the Account in case the User breaches any obligation provided under this Agreement, without prejudice to any other remedy provided by law or provided by this Agreement in favour of Arduino. All data related to the User’s account will be deleted.
8. Privacy and Personal Data Protection
8.1 The User’s personal data will be processed in accordance with the privacy policy.
9. Contacts
9.1 For any information regarding the App, the Services or these General Terms, the User may contact Arduino at support@arduino.cc
10. Miscellaneous
10.1 Arduino reserves the right to modify these General Terms by publishing the new version on the App. Unless otherwise specified, the new version of the General Terms will be automatically effective in 15 (fifteen) days from the date of publication.
10.2 Arduino may transfer the App or these General Terms to a company related to or owned by Arduino. The User hereby consents to such transfer.