WisDM Terms & Conditions

Last updated: May 17, 2024

These WisDM Terms and Conditions are between you as the entity or person that registers, logs in, and uses the WisDM Services (hereinafter referred to as “you” or “user”) and RAKwireless Technology Limited, and/or its affiliates (hereinafter referred to as “RAK”, “we”, “our”, “us”) (the Terms and Conditions hereinafter referred to as “these Terms and Conditions”) is a legal agreement concerning your use of the WisDM Services.

If you register, log in, and use the WisDM Services on behalf of an organization other than yourself, you will be deemed to be fully authorized to agree to these Terms and Conditions on behalf of that organization, as amended and supplemented from time to time. If you do not have the above authorization or you do not agree to these Terms and Conditions, you may not accept these Terms and Conditions or use the WisDM Services on behalf of your organization.

WisDM Services” under these Terms and Conditions means a cloud-based all-in-one fleet management platform available at wisdm.rakwireless.com (the “Site”) enabling developers and global enterprises to build and manage LoRaWAN® networks powered by RAK gateway devices (the “RAK Gateway Devices”) remotely and manage your subscription with us.

RAK reminds you to carefully read and fully understand the terms of these Terms and Conditions, especially the terms on exemption or limitation of liability, jurisdiction and applicable laws, and other terms that may have a material impact on your rights and interests. We will remind you to pay special attention to those terms by marking them in bold.

If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorised to accept these Terms and Conditions and enter into a binding agreement with RAK on such entity’s behalf, and you accept these Terms and Conditions both on behalf of such entity and on your own behalf.

Contact Information

You may contact us via email at [email protected] or our mailing address below.

RAKwireless Technology Limited

Room 1002 10/F, Easey Commercial Building 253-261 Hennessy Road, Wan Chai, Hong Kong, SAR

Effectiveness of these Terms and Conditions

In order to use the WisDM Services, you shall have a registered user RAK ID account (“Account”). Before the commencement of your use of the WisDM Services, you are asked to click to agree to these Terms and Conditions. If you click the respective button or checkbox, you shall be deemed to have accepted and agreed to be bound by all terms set forth herein in full and without modifications or conditions. If you have registered an Account at any other RAK websites or services before, you may also use that Account to use the WisDM Services.

We are entitled to change the terms of these Terms and Conditions, (i) if this is necessary due to applicable law or legal process, litigation, and/or requests from public and governmental authorities, (ii) in the course of the further development of the WisDM Services and your RAK Gateway Devices, (iii) for technical reasons, (iv) due to operational requirements or (v) if the change of terms is for the benefit of users. We will notify you of the proposed changes before they take effect, by publishing an announcement on the Site, or sending an email message to you, or in any other appropriate way. These Terms and Conditions as amended shall effectively supersede the previous version upon the notification thereof. You may browse the latest version of these Terms and Conditions available at WisDM - IoT Fleet Management. If you continue to use the WisDM Services after the notification of such amendment to these Terms and Conditions, you shall be deemed to have fully read, understood, and accepted these Terms and Conditions as amended.

To be a user and subject to these Terms and Conditions as updated from time to time, you shall be an entity duly incorporated under the laws of your jurisdiction of incorporation, or you shall be of legal age and shall have the civil capacity for actions under the laws of the jurisdiction in which you reside. If you are not of legal age and/or do not have such civil capacity pursuant to the laws and regulations of the jurisdiction in which you reside, you shall not use the WisDM Services.

Sometimes you will need to install updates for your RAK Gateway Devices to keep or ensure smoothness using certain functions of the WisDM Services, or upgrades to have more functions to be added to your RAK Gateway Devices. Such updates and/or upgrades are subject to these Terms and Conditions unless other terms accompany the updates and/or upgrades, in which case, those other terms shall apply.

Account and Password

In order to start using the WisDM Services, you shall have a registered RAK ID. To register a RAK ID, please visit the official RAK ID website. During the registration process, you will be required to provide certain personal information. For specific details regarding the types of personal information needed to register an RAK ID, we recommend referring to the privacy notice available on RAK ID website. If you are acting as a proxy to manage multiple accounts on behalf of different companies using your own email address, every WisDM organization registered under your own email address will be regarded as Proxy Organization. You must provide the contact email address of each represented company in the system to establish a valid association. You may also be asked to provide a written authorization letter from each represented company, granting you the authority to act as a proxy for managing the WisDM Service.

You can log in to your Account by using your registered email address and the password you chose (collectively referred to as “Login Information”). You can request to cancel/terminate your Account at any time.

You understand and agree that you assume full responsibility for the authenticity, legality, and validity of the information you provided for the registration and the information you voluntarily add to your account; you must not impersonate another person or entity, and must not publish any information in the name of others; you shall not maliciously use a registered Account. In the event of a breach, we reserve the right to stop providing the WisDM Services to you, and you alone shall bear all the legal liabilities arising therefrom.

RAK specifically reminds you to keep your Login Information secure. We will reasonably assume that the person or entity who uses your Login Information and acts under your Account is you, and any action taken in the name of your Account will be deemed to be your action and under your responsibility. The responsibility for hacking or password theft of your account due to your mishandling is yours alone, unless RAK is deemed responsible for such hacking or password theft.

In the event your Login Information is lost and needs to be retrieved, please contact us or use the “I forgot my password” function on the Site, if available. We may request some accurate and valid information for verification or authentication purposes or may send a verification email to your provided email address for the retrieval services. If the provided information fails to satisfy our identity verification or authentication procedure or you fail to reset your RAK ID through our verification email, RAK reserves the right to refuse to continue such retrieval services.

If you find that your account has been used illegally by others or has been used abnormally, you agree to contact RAK directly through our email address: [email protected] as soon as you notice the illegal or unauthorised use, in order to inform the relevant situation and submit all related evidence proving that the said Account belongs to you, so as to apply appropriate actions in relation to the Account.

You agree that RAK does not undertake any liability for any direct or indirect losses of yours caused by any illegal use of your Account information, unless RAK is deemed responsible for such illegal use.

For the Account registration as well as the use of the WisDM Services, an internet connection and suitable connectivity to the Site and LoRaWAN gateway devices are necessary.

RAK employees (including, but not limited to, RAK’s application or site administrators, customer service staff, etc.) will not ask you for any personal or organizational information regarding your Account unless you are contacting a specific employee for customer service (including account retrieve and freezing services) or maintenance needs. Please note that RAK employees will never ask for the password of your Account.

User Personal Information Protection

We suggest you to read the WisDM Privacy Policy to understand the types of personal information we collect from you, how we use your personal information, and the legal basis we have to process your personal information.

Products and Services provided by RAK, and Charges

The registration of your organization and the management of a limited number of RAK gateways within your organization with WisDM services may be currently provided free of charge. Any gateways that are not registered to the organization do not require payment. If you wish to register more gateways than the limited number, a subscription is required. Detailed pricing information can be found on the subscription or billing page on the Site. RAK reserves the right to modify or alter the offerings in free subscriptions at any time. In cases where the usage is deemed inconsistent with RAK's fair use policy, RAK reserves the right to terminate the organization's access to the services without prior notice.

Please note that the subscription fees paid to us are not refundable under any circumstances. Unless otherwise is explicitly required under the applicable legislation, we shall not be obliged to return any funds paid by you within the Site or otherwise within the WisDM Services and you shall not have the right to demand such funds back.

Through the WisDM Services, you may add and connect with any RAK gateway devices using the gateway device’s serial number and EUI, and you can build up your IoT management platform with a three-layer structure, which includes organization, location, and gateway. The connection with gateways is established and empowered by Amazon’s AWS IoT Core located in Frankfurt, Germany, which will create and keep an encrypted copy of the configuration as set by the user on the location layer.

The WisDM Services provides you with certain functionality related to RAK gateway devices as may be updated from time to time.

Fair Use Policy

The Community tier is designed to provide a basic number of gateways and is offered free of charge. The Community tier is strictly intended for non-commercial purposes. It cannot be used for any commercial activities.

Proxy Organization, regardless of the number of gateways managed, are not entitled to the free allowance provided under the Community tier.

The free allowance is applicable to each individual company or organization as a whole, and it cannot be accumulated, transferred, or combined with allowances of other entities. Entities are strictly prohibited from attempting to bypass or manipulate the free allowance restrictions by creating multiple IDs or organizations for the purpose of obtaining additional free allowances. Any entity found to be engaging in such activities will be considered in violation of these terms and may face immediate termination of their access to the WisDM Service, as well as other legal consequences.

Every entity is permitted to create multiple organizations for the purpose of managing its own gateways, provided that the number of gateways in each organization exceeds the maximum number of gateways covered by the free allowance.

Intellectual Property

Unless otherwise specifically stated, the contents related to WisDM Services (including but not limited to web pages, texts, pictures, audio, video, graphics, etc.) and/or any applicable applications and your RAK gateway devices, trademarks and other commercial logos used in relation to the WisDM Services and your RAK gateway devices, as well as their copyrights, patents, trademark rights or other related intellectual property and legal rights and interests, are owned by RAK or authorized to be used by RAK.

The intellectual property rights of the above are protected by law. No one may use or create derivative works in any form without the prior written permission of RAK or respective rights holders. In the event you infringe the intellectual property of RAK or its affiliates, you will be liable to a civil action under the applicable laws.

WisDM Services may only be used according to their purpose and according to these Terms and Conditions.

WisDM Services may only be paired with RAK gateway devices approved to be used with the WisDM Services by RAK or its affiliates, but not with any other third-party gateway products.

Suspension, Termination of Services

If any of the following situations occurs, RAK reserves the right to suspend or terminate the provision of your use of the WisDM Services in whole or in part without notice to you:

(a) You have culpably violated these Terms and Conditions;

(b) You have not paid the fees payable (if applicable);

(c) In case RAK is obliged to terminate the WisDM Services in whole or in part due to legal requirements or mandatory requirements of competent authorities; or

(d) WisDM Services are paired with third-party gateway products.

Upon termination, you shall cease all use of the services and any associated materials.

In case the operation of the WisDM Services is to be terminated completely, we may notify all users by a system announcement or by email as early as we can in accordance with the relevant legal requirements or requirements from competent authorities. After the termination of the service, RAK will permanently delete your data from the server, except as otherwise stipulated by laws and regulations or provided in the WisDM Privacy Policy.

Force Majeure and Other Exemptions; Liability

You understand and agree that the WisDM Services are provided to the extent our existing technologies and conditions can achieve. RAK will do its best to ensure the continuity and security of WisDM Services. However, due to the legal, technical, and other risks that RAK cannot foresee, prevent, and is out of RAK’s control, including but not limited to viruses, Trojans, hackers, system instability, third-party service defects, government actions, etc. which may result in service suspension, data loss, and other losses, RAK will not be held liable to the extent allowed by the applicable law. RAK is not responsible for the suspension or obstruction of the services caused by:

(a) Damage caused due to computer viruses, sophisticated hacker or malware attacks, and temporary or permanent unavailability of the underlying technical infrastructure and/or unavailability of respective third-party services;

(b) Errors or discontinuance of your network connections;

(c) Mis-operation by you;

(d) Natural disasters such as floods, earthquakes, large-scale plague and other epidemics, and storms, and social events such as strikes, wars, turmoil, and government actions;

(e) Your usage of the WisDM Services in a manner not in compliance with these Terms and Conditions or other instructions provided in the WisDM Services;

(f) Pairing the WisDM Services with third-party gateway products; or

(g) Other situations that RAK cannot control or reasonably foresee.

You understand and agree that in the use of the WisDM Services, you may be exposed to the risks brought by telecommunication networks. RAK will not be liable for any such damages incurred by you, unless RAK is deemed directly responsible for such damages.

RAK does not assume any legal liability for any accidental, incidental, special, or indirect damages or claims arising out of your use of the WisDM Services or in any way related to the WisDM Services. RAK also disclaims all legal liability for any loss of profit arising out of your use of the WisDM Services or in any way related to the WisDM Services, unless RAK held directly responsible for such damages and/or losses.

None of the above-mentioned exclusions or limitations of liability apply in case of or damage from injury to life, body, or health due to intentional or negligent breach of duty by RAK.

Compliance with Local Laws

When using the WisDM Services, you must abide by all applicable laws and regulations and you must not use the WisDM Services to engage in any illegal activities.

Liability for Breach of Contract

You agree to protect and maintain the interests of RAK and other users, and if you engage in any culpable breaches of any term under these Terms and Conditions and cause damages to RAK or any other third party, you agree to bear the consequences for damages. You also agree to compensate RAK’s parent company, subsidiaries, affiliates, employees, and all related personnel for any damages and liabilities arising from your culpable violation of these Terms and Conditions.

Dispute Resolution and Applicable Laws

The conclusion, entry into force, performance, interpretation, and dispute resolution of these Terms and Conditions shall be governed by the laws of Hong Kong. You and RAK agree to the personal and exclusive jurisdiction of the courts in Hong Kong for any dispute or claim relating to these Terms and Conditions. The United Nations Convention on Contracts for the International Sale of Goods expressly does not apply to these Terms and Conditions.

If any dispute or controversy arises between you and RAK, the parties will endeavor to settle such dispute or controversy through amicable consultation before formal judicial proceedings. Nevertheless, such amicable consultation is not a prerequisite for legal action.

This section does not, however, prevent RAK from seeking injunctive relief regarding (i) the infringement of RAK intellectual property or other related legal rights; (ii) the recognition or enforcement of any award or order obtained against you.

Assignment

These Terms and Conditions, and any associated rights or obligations, may not be assigned or otherwise transferred by you without the prior written consent from RAK. These Terms and Conditions may be assigned by RAK without restriction. Additionally, these Terms and Conditions are binding upon any permitted assignee.

Notices and Service

All notices under these Terms and Conditions can be made through important page announcements, emails,etc.; the notices are deemed to have been delivered to you on the date that it was sent, unless you can prove that you received the notice on a different date.

Other Provisions

The headings of all provisions of these Terms and Conditions are for convenience of reading only and do not have any actual meaning in themselves and therefore cannot be used as the basis for the interpretation of the meaning of these Terms and Conditions.

If any term in these Terms and Conditions is wholly or partially invalid or cannot be enforced for any reason, the remaining terms of these Terms and Conditions shall still be valid. The parties are obliged to cooperate in order to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the economic result of the invalid or unenforceable provision.