Terms of Service

1. INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of the Magistrala IoT Platform ("Platform" or "Services"), a software-as-a-service offering operated by Abstract Machines SAS ("Abstract Machines," "Company," "we," "us," or "our").

By creating an account, accessing, or using the Platform, you ("Customer," "you," or "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

Effective Date: These Terms are effective as of August 6, 2025.

Last Updated: November 14, 2025

2. DEFINITIONS

  • "Account" means your registered account on the Platform.
  • "Customer" means the company or individual who registers for an account to use the Platform.
  • "Customer Data" means all data, content, and information uploaded, transmitted, or processed through the Platform by you.
  • "Documentation" means the user guides, technical manuals, and API documentation provided by us.
  • "Intellectual Property Rights" means all intellectual property rights including patents, copyrights, trademarks, and trade secrets.
  • "Platform" means the Magistrala IoT Platform and all related services, software, and infrastructure.
  • "Services" means the hosted Magistrala IoT Platform and associated features provided by Abstract Machines.
  • "Service Plan" means either the Free Trial or Enterprise Plan offering.
  • "User" means any person authorized by the Customer to access the Platform.

3. ACCOUNT REGISTRATION

To create an Account and use the Platform, you must:

  • Be at least 18 years old (or the legal age of majority in your jurisdiction);
  • Have the legal capacity to enter into binding agreements;
  • Provide accurate, current, and complete registration information;
  • Maintain and update your account information;
  • Maintain the confidentiality and security of your login credentials;
  • Not share your account with others or allow unauthorized access.

You are fully responsible for all activities that occur under your Account, whether authorized by you or not. You must immediately notify us of any unauthorized use of your Account or any other breach of security.

We reserve the right to refuse registration or terminate Accounts at our sole discretion, particularly if we believe you have violated these Terms.

4. ACCESS AND LICENSE

Subject to your compliance with these Terms and payment of applicable fees (for Enterprise plans), Abstract Machines grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with your selected Service Plan and these Terms.

4.1 Permitted Use

You may use the Platform solely for your internal business purposes in accordance with the Documentation and your Service Plan limits.

4.2 Restrictions

You may not, and may not permit others to:

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform;
  • Copy, modify, adapt, alter, translate, or create derivative works of the Platform;
  • Rent, lease, sublicense, distribute, transfer, or resell access to the Platform;
  • Remove, alter, or obscure any proprietary notices on the Platform;
  • Circumvent or attempt to circumvent usage limits, security controls, or access restrictions;
  • Use the Platform to develop competing products or services;
  • Access the Platform through automated means except through our official APIs;
  • Interfere with or disrupt the Platform's operation or infrastructure.
4.3 API Usage

Use of our APIs is subject to rate limits and usage restrictions as specified in your Service Plan and our API Documentation.

5. SUBSCRIPTION AND PAYMENT

5.1 Service Plans

We offer two service plans:

  • Free Trial: Limited functionality primarily for testing and evaluation purposes
  • Enterprise Plan: Custom solution with full features - contact us for pricing and terms
5.2 Free Trial

The free trial provides limited access to the Platform for testing purposes only. Free trial accounts may have restrictions on features, usage limits, and data retention.

5.3 Enterprise Plan

Enterprise plans are custom solutions tailored to your specific needs. Pricing, features, and terms are determined through direct consultation. Contact our sales team to discuss your requirements.

5.4 Payment Processing

For Enterprise plans, payment terms and methods will be specified in your custom agreement.

5.5 Billing and Fees
  • Free trial accounts incur no charges;
  • Enterprise plan fees are determined in your custom agreement;
  • All fees are exclusive of applicable taxes, which you are responsible for;
  • Payment terms and refund policies are specified in your Enterprise agreement;
  • We reserve the right to change pricing for new agreements with appropriate notice.

6. SERVICE LEVELS

We strive to provide reliable service availability but make no guarantees regarding uptime or performance unless specified in a separate Service Level Agreement (SLA).

  • Target Availability: We aim for 99.5% monthly uptime for paid plans;
  • Maintenance: Planned maintenance windows are excluded from availability calculations;
  • Force Majeure: Downtime due to circumstances beyond our reasonable control is excluded;
  • Enterprise SLAs: Custom SLAs may be available for Enterprise customers under separate agreements.

7. CUSTOMER DATA

7.1 Data Ownership

You retain all rights, title, and interest in and to your Customer Data. We claim no ownership rights over your Customer Data.

7.2 Data Processing License

You grant us a limited license to access, use, store, and process your Customer Data solely as necessary to provide the Services, including:

  • Storing and processing data through the Platform;
  • Providing technical support when requested;
  • Ensuring security and preventing abuse;
  • Complying with legal obligations.
7.3 Data Security and Privacy

We implement appropriate technical and organizational measures to protect your Customer Data as described in our Privacy Policy. We will not access, use, or disclose your Customer Data except as permitted by these Terms or required by law.

7.4 Data Backup and Recovery

While we perform regular backups, you are responsible for maintaining your own backups of critical data. We are not liable for data loss.

8. ACCEPTABLE USE

8.1 Prohibited Activities

You agree not to use the Platform to:

  • Violate any applicable laws, regulations, or third-party rights;
  • Send spam, unsolicited communications, or malicious content;
  • Upload or transmit viruses, malware, or other harmful code;
  • Attempt to gain unauthorized access to our systems or other users' accounts;
  • Interfere with or disrupt the Platform's operation or infrastructure;
  • Use the Platform for cryptocurrency mining or similar resource-intensive activities;
  • Engage in any activity that could harm our reputation or business;
  • Violate the privacy or rights of others.
8.2 Content Standards

Any content you upload or transmit through the Platform must not be illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.

8.3 Enforcement

We reserve the right to investigate violations and take appropriate action, including suspending or terminating accounts, removing content, and cooperating with law enforcement.

9. SUPPORT

9.1 Support Channels

We provide technical support through various channels including email, documentation, and community forums. Support availability and response times vary by Service Plan.

9.2 Support Scope

Our support covers:

  • Platform functionality and technical issues;
  • Account and billing questions;
  • General usage guidance and best practices.

Support does not include custom development, integration services, or troubleshooting of your applications unless separately agreed.

9.3 Enterprise Support

Enterprise customers may receive enhanced support including dedicated support contacts, faster response times, and custom SLAs under separate agreements.

10. TERM AND TERMINATION

10.1 Term

These Terms commence when you first access the Platform and continue until terminated in accordance with this section.

10.2 Termination by You

You may terminate these Terms at any time by:

  • Discontinuing use of your free trial account;
  • Terminating your Enterprise agreement according to its terms;
  • Contacting our support team;
  • Ceasing all use of the Platform.
10.3 Termination by Us

We may terminate or suspend your access immediately, without prior notice, if you:

  • Violate these Terms or our Acceptable Use Policy;
  • Fail to pay Enterprise plan fees when due;
  • Engage in fraudulent or illegal activities;
  • Pose a security risk to the Platform or other users.
10.4 Effect of Termination

Upon termination:

  • Your access to the Platform will cease;
  • Your Customer Data will be deleted according to our data retention policy;
  • You remain liable for all fees incurred prior to termination;
  • Sections that by their nature should survive will continue to apply.

11. INTELLECTUAL PROPERTY

11.1 Our Intellectual Property

The Platform, including all software, content, trademarks, and other materials, is owned by Abstract Machines and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Platform.

11.2 Your Intellectual Property

You retain ownership of your Customer Data and any intellectual property rights therein. You are responsible for ensuring you have the necessary rights to use and upload your Customer Data.

11.3 Feedback

Any feedback, suggestions, or ideas you provide about the Platform may be used by us without restriction or compensation to you.

11.4 Third-Party Content

The Platform may include third-party content or links to third-party services. We are not responsible for such third-party content.

12. DISCLAIMER AND LIMITATION OF LIABILITY

12.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
  • THAT DEFECTS WILL BE CORRECTED;
  • THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS.
12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM;
  • WE ARE NOT LIABLE FOR DATA LOSS, BUSINESS INTERRUPTION, OR LOST PROFITS;
  • THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.
12.3 Exceptions

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of France, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Paris, France.

13.3 Dispute Resolution Process

Before initiating formal legal proceedings, we encourage you to contact us to seek a resolution. We will attempt to resolve disputes through good faith negotiations.

13.4 Class Action Waiver

To the extent permitted by law, you agree that disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits.

14. CONSUMER RIGHTS AND WITHDRAWAL

14.1 EU Consumer Rights

If you are a consumer in the European Union, you have certain rights under EU consumer protection laws that cannot be waived by these Terms.

14.2 Right of Withdrawal

EU consumers have the right to withdraw from the contract within 14 days of subscription without giving any reason. However, if you begin using the Services during this period, you may lose this right of withdrawal.

14.3 Statutory Warranties

Nothing in these Terms affects your statutory rights as a consumer, including rights related to defective services or unfair contract terms.

15. CHANGES TO TERMS

15.1 Modification Rights

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the "Last Updated" date at the top of these Terms;
  • Notify you via email or through the Platform;
  • Provide at least 30 days' notice for material changes.
15.2 Acceptance of Changes

Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Platform and may terminate your account.

15.3 Previous Versions

Previous versions of these Terms are available upon request for your reference.

16. CONTACT INFORMATION

16.1 Company Information

Abstract Machines SAS
141 Quai de Valmy
75010 Paris, France

16.2 Contact Methods

Legal Questions: legal@absmach.eu

General Support: support@absmach.eu

Privacy Questions: privacy@absmach.eu

16.3 Response Times

We aim to respond to all inquiries within 2-3 business days. For urgent matters, please indicate the urgency in your subject line.

Property of Abstract Machines SAS. These Terms do not transfer any ownership rights.