Terms of Service | JAS Monitoring

Order of precedence

If you have a separate written agreement with Jensen Applied Sciences LLC (DBA JAS Monitoring), such as a signed pilot, partner or service agreement, or a quote you have accepted in writing, that agreement controls wherever it differs from this document.

These Terms of Service ("Terms") govern your access to and use of the software, hardware, and related services (collectively, the "Services") offered by Jensen Applied Sciences LLC (DBA "JAS Monitoring").

1. Acceptance of Terms

By accessing or using the Services, you ("you" or "User") agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to use the Services.

2. Services

JAS Monitoring provides a variety of Services, including:

2.1 Software: Cloud-based software for remote equipment/machine monitoring; integration services via API for bringing a customer's equipment data into the above software.
2.2 Hardware: Sensors and other devices used to collect data from your equipment/machines; integration services for retrofitting equipment/machines with the above.
2.3 Related Services: Technical support, data analysis tools, and other services related to the use of the software and hardware.

JAS Monitoring may modify or discontinue a service at any time, with or without notice.

3. User Accounts

You may need to create an account to access certain Services. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account.

4. Hardware

JAS Monitoring may sell you hardware devices to use with the Services. You are responsible for the proper installation and use of the hardware as outlined in the accompanying documentation. You are responsible for any loss or damage to the hardware.

5. Software License

JAS Monitoring grants you a non-exclusive, non-transferable license to use the software for your business purposes in connection with the Services, including monitoring equipment you service for your own customers where a written partner or pilot agreement with JAS Monitoring allows it. You may not modify, reverse engineer, decompile, or disassemble the software. Further specifics on our software licensing can be found in our End User License Agreement (EULA).

6. Your Data and Privacy

You own the data collected from your equipment through the hardware and the Services, including sensor readings, alerts and equipment history ("Customer Data"). If you are a partner, Customer Data from equipment you monitor for your customers is yours as between you and JAS Monitoring.

You grant JAS Monitoring a license to use Customer Data to provide, maintain and support the Services for you. JAS Monitoring may also use Customer Data in de-identified and aggregated form, which does not identify you, your customers or your sites, to operate, analyze and improve its products and services. JAS Monitoring does not sell Customer Data.

For how JAS Monitoring handles personal information, see our Privacy Policy.

7. Term and Termination

These Terms will remain in effect until terminated by either party. JAS Monitoring may terminate these Terms at any time for any reason, with or without notice. You may terminate these Terms by discontinuing your use of the Services.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (WITH EXCEPTION TO THE HARDWARE WARRANTY), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM ERRORS. JAS MONITORING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

JAS MONITORING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF JAS MONITORING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES.

10. Indemnification

You agree to indemnify, defend and hold harmless JAS Monitoring and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your use of the Services or your violation of these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles.

12. Entire Agreement

These Terms, together with the Privacy Policy, End User License Agreement, Service Level Agreement and Hardware Warranty, and any separate written agreement between you and JAS Monitoring (such as a signed pilot, partner or service agreement, or a quote you have accepted in writing), make up the entire agreement between you and JAS Monitoring regarding the Services. Where a separate written agreement differs from these Terms, the separate written agreement controls.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Updates to Terms of Service

JAS Monitoring may update these Terms from time to time. JAS Monitoring will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after the revised Terms are posted constitutes your acceptance of the revised Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at Team@JensenAppliedSciences.com.