Effective Date: 10-April- 2026
Updated on: 10- April – 2026

General Terms of Use

These General Terms of Use (the Terms) govern all of the different uses of the Platform and have purpose of defining the rights and obligations arising therefrom.

Any use whatsoever of the Platform entails compulsory acceptance by you (the Client) without reservation of these Terms.

  1. Definitions.
    The terms listed hereinafter shall have, in the context of these Terms, the following definitions:
    • Account means account created on the Platform following procedure under these Terms and controlled by a Primary User with dedicated rights of administrator, also created by Mainlink.
    • Client means a party which engages into the Services under Mainlink Service Agreement (https://mainlink.net/contract-mainlink-service-agreement/) and supporting documentation.
    • Cloud Infrastructure means the licensed software, and the computing, storage, networking and other hardware and software infrastructure used in providing access to and operation of the Platform.
    • Datasets means different data files, including personal information, transmitted to the Platform automatically from the Object for use within the Services; however, certain data may additionally be entered manually by the Client or, in exceptional circumstances, by Mainlink on behalf of the Client.
    • End User means a customer of the Client, whose Datasets are collected, generated, processed on the Client’s behalf, under the Client’s control and responsibility. The processing of personal information by Mainlink in connection with the provision of the Services and operation of the Platform is carried out on behalf of the Client and is governed by the Data Processing Agreement (https://mainlink.net/contract-data-processing-agreement/).
    • Hardware means a physical device such as water meter, sensor, and any other measurement or monitoring equipment and used to collect, process and transmit data.
    • Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
    • Object means a unit of Hardware device (including Products, if applicable) installed at the premises of End User and connected to the Platform or a virtual instance (including software-based or cloud-based components) that is integrated with and accessible via the Platform .
    • Platform means cloud-based system (Mainhive), including its software, interfaces, databases, data processing tools, smart technologies, aimed at data collection from the Object and structuring, analysis, integration, monitoring, visualization and identifying of alerts, preparation of reports.
    • Primary User means a person who is duly authorized by the Client to act as a representative of the Client on the Account with the rights of administrator.
    • Products mean Hardware or other tangible goods supplied by Mainlink under the Sale-Purchase Agreement, that may be used independently or in conjunction with the Platform.
    • Sale-Purchase Agreement mean general terms governing the sale of the Products.
    • Services mean all services provided or made available to the Client under Mainlink Service Agreement and supporting documentation, including as specified in the applicable Service Order, which always include access to the Platform.
    • Service Order means a document executed under Mainlink Service Agreement specifying the scope of Services and, where applicable, Products.
    • Subcontractor means any person or business entity that contracts to perform part or all the obligations of Mainlink.
    • Third Party License means licenses from third parties governing third party software embedded or used in the Platform.
    • User means individual with permission obtained by the Primary User to access and use the Platform within the defined and assigned limits.
  2. Usage of the Platform.
    2.1. The Platform shall be accessed through an online application, which may include web-based access, desktop software, mobile applications, or any other access methods that are or may be made available by Mainlink in the future. The Client shall be fully responsible for its information technology infrastructure used internally, whether operated directly by the Client or by third-party services, which may involve third-party fees (such as internet service provider charges), as well as for all equipment necessary to access the Platform, e.g. computer, internet modem, etc. In addition, in case of using third-party services, the Client shall retain sole responsibility for complying with any third-party provider terms, including its privacy policy.
    2.2. Mainlink, at its absolute discretion, may engage a Subcontractor to perform some or all the obligations of Mainlink under Mainlink Service Agreement and in that case shall be fully responsible for work done by its Subcontractors as it is work done by its own employees.
    2.3. The Platform and its functioning may include certain components and/or technology, developed and owned by the third parties, which are governed by license agreements executed between Mainlink and the respective third party owners. Use of such components and/or technology by the Client shall be governed by such Third Party License terms specifically identified in Annex 1.
    2.4. The Platform is designed to be available 24/7, except in cases of force majeure, technical incidents or interventions made necessary for the proper functioning of the Platform. Mainlink shall reserve a right at any time and from time to time to update, develop, modify, temporarily or permanently, the Platform and its functionalities at its sole discretion. Whenever reasonably practicable, Mainlink shall provide the Client with advance notice of such maintenance. The Client shall acknowledge that, from time to time, Mainlink may need to perform emergency maintenance without providing advance notice, during which time access to the Platform may be temporarily suspended.
    2.5. The Platform may be used in conjunction with Products, if agreed, and the Client acknowledges that any functionality, features, or data collected through such Products are subject to these Terms and the applicable Service Order.
  3. Registration procedure.
    3.1. The Account for the Client’s appointed Primary User shall be created by Mainlink in accordance with the Client’s instructions.
    3.2. In order to complete registration procedure on the Platform, the Primary User shall receive email notification from Mainlink to complete a sign-up form. Upon completing the registration process, the Primary User shall receive the email confirming successful registration to the Platform.
    3.3. The Primary User shall be responsible for the assignment of other Client’s Users to the Account. Once the Primary User is fully registered to the Platform, it shall acquire a right to permit additional Users to access and use the Platform, grant them authorizations and assign activities within the limits strictly specified, if any. The number of additional Users for the Client might be limited.
    3.4. In order to enable additional Users to access and use the Platform, the Primary User shall send notification to each of them requesting to complete the sign-up form. Upon completing the registration process, each additional User shall receive the email confirming successful registration to the Platform.
    3.5. The information requested during the registration process is subject to the Privacy Policy (https://mainlink.net/contract-privacy-policy/) , which is incorporated by reference herein in its entirety.
    3.6. Upon completing the registration process and depending on the need, the Users shall be able to use the same login credentials or create individual ones.
    3.7. The Client, Primary User and each other User are obliged to use reasonable means to protect the Account information, passwords and other login credentials and promptly notify Mainlink of any known or suspected unauthorized access or use of the Platform. Under no circumstance shall Mainlink be held liable in the event that the Client, Primary User and each other User is subject to identity theft or any user’s Account details are lost or otherwise made available to any third party.
    3.8. The Primary User shall be responsible for removing additionally added Users from the Platform, when necessary.
  4. General responsibilities of the Client.
    4.1. The Client acknowledges that its access and use of the Platform shall be cloud based, or web based, only, and that no software shall be installed on any servers or other computer equipment owned.
    4.2. The Client undertakes to ensure that Objects transmits the necessary, correct and complete Datasets to the Platform for collection, structuring and analysis. The Client shall also ensure the accuracy, completeness and correctness of any Datasets entered manually by the Client or submitted to Mainlink for input into the Platform.
    4.3. The Client shall not use the Platform for or upload to the Platform anything unlawful, misleading, malicious or discriminatory.
    4.4. The Client shall not perform or attempt to perform any actions that would interfere with the proper working of Cloud Infrastructure, Platform and Services.
    4.5. The Client shall not transfer, sell, license, sublicense or make the functionality of any Platform available to any third party; shall not remove, modify or conceal any Platform identification, copyright, proprietary, intellectual property notices or other marks; shall not reverse engineer, decompile, decrypt, disassemble, modify or make derivative works of the Platform; shall not use the Platform in order to build a competitive product or services.
    4.6. The Client shall have sole and full responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and Intellectual Property Rights or right to use the Datasets transmitted to the Account. For the avoidance of doubt, any data collected or generated solely through the use of Products without transmission to or processing within the Platform shall remain under the sole control and responsibility of the Client, unless otherwise agreed.
    4.7. The Client shall be fully responsible for the activity that occurs under its Account and for all acts and omissions of the Primary User and any other User. All references in these Terms to a breach, non-compliance, misuse, or violation by the Client shall include breaches committed by the Primary User and any other User. Any act, omission, breach, misuse, or violation of these Terms, applicable law or any other policy made by the Primary User and/or any other User shall be deemed to be a breach by the Client.
  5. Representations and warranties.
    5.1. Neither Mainlink nor any of its licensors or other suppliers warrant or guarantee that operation of the Platform shall be uninterrupted, virus-free or error-free, nor shall Mainlink or any of its Subcontractors be liable for unauthorized alteration, theft or destruction of the Client’s data (including Datasets) contained within the Platform.
    5.2. The Client acknowledges and agrees that Mainlink shall not be liable for any loss, corruption, or destruction of data transmitted from Object to the Platform resulting from:
    5.2.1. network or communication failures beyond Mainlink’s control,
    5.2.2. malfunctions or improper configuration of the Object,
    5.2.3. any other factors outside the reasonable control of Mainlink.
    Mainlink shall take commercially reasonable measures to back up and safeguard data stored within the Platform, but shall not be deemed responsible for restoring data that was never successfully transmitted or stored due to Client-side issues.
    5.3. Mainlink expressly disclaims all representations or warranties, whether express, implied or statutory, regarding the operation of the Platform, including but not limited to any warranties of merchantability, title, fitness for a particular purpose and infringement. No representation, report or performance projection made by Mainlink shall be deemed a warranty for any purpose or give rise to any liability of Mainlink whatsoever.
    5.4. The Client acknowledges that it has relied on no warranties other than those expressly set forth in these Terms.
    5.5. The Client grants to Mainlink a non-exclusive, worldwide, royalty-free license to store, record, transmit, maintain, use, copy, perform and display the Datasets transmitted to the Platform to the extent reasonably necessary to carry out its obligations under these Terms. This license includes the right to process and analyze such data for the purposes of operating, maintaining, ensuring the proper functioning of, and generally improving the quality, stability and performance of Mainlink’s services and technical systems, provided that such use complies with all applicable data protection, cybersecurity and confidentiality requirements.
    5.6. The processing of any Personal Data by Mainlink in connection with the provision of the Services and operation of the Platform shall be governed by the Data Processing Agreement.
  6. Suspension and deactivation of Account.
    6.1. The Account of the Client may be suspended in the event of non-payment for the Services. Such suspension shall remain in effect until all outstanding payments, including any applicable late payment interest or fees, are fully settled. During the suspension period, the Client shall not have access to the Platform.
    6.2. Mainlink reserves the right to suspend the Client’s access to the Platform or any part thereof in case of any other material breach of these Terms and/or Mainlink Service Agreement.
    6.3. The Account of the Client shall be deactivated once the Services are being discontinued or have ended. Mainlink shall proceed as swiftly as possible to deactivate the Account and shall send to the Client an email confirming the closure of its Account. All data related to respective Account shall be permanently deleted upon closure, unless retention is required by applicable law.
  7. Limitation of liability.
    7.1. Neither party shall be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control (force majeure).
    7.2. Any liability of Mainlink arising out of or in connection with the Client’s access to and use of the Platform shall be governed by and limited in accordance with the liability provisions set out in Mainlink Service Agreement. This includes all claims, regardless of their legal basis, relating to data processing, or any other acts or omissions by Mainlink in connection with the usage of the Platform.
    7.3. Mainlink shall not be liable for any delay, data loss, service interruption, or damage resulting from failures or limitations of third-parties communication channels.
    7.4. The Client is solely responsible for its use of any Datasets published on the Platform using the Account. Mainlink shall not be held liable for any damage caused by the use of all or part of the data published on the Platform by the Client.
  8. Indemnification.
    8.1. The Client shall defend any action or proceeding against, as well as indemnify and hold Mainlink, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses), including reasonable attorneys’ fees, that may be incurred due to:
    8.1.1. any breach (or, as to defense obligations only, alleged breach) by the Client and/or Primary User and/or any other User of any term, condition, representation or warranty under these Terms and/or the Third Party License;
    8.1.2. gross negligence, willful misconduct or fraudulent actions of the Client and/or Primary User and/or any other User;
    8.1.3. any breach of the Terms by the affiliates, employees, suppliers or contractors of the Client;
    8.1.4. the Client’s and/or Primary User’s and/or any other User’s violation of any rights, including data privacy and Intellectual Property Rights;
    8.1.5. violation of any applicable laws, rules or regulations by the Client and/or Primary User and/or any other User;
    8.1.6. any unauthorized access to or misuse of the Platform caused by the Client’s and/or Primary User’s and/or any other User’s failure to maintain adequate security controls or comply with recommended cybersecurity measures.
  9. Intellectual property.
    9.1. The Client acknowledges that the Platform is made available to the Client on a non-exclusive basis. Nothing shall be deemed to prevent or restrict Mainlink’s ability to provide the Platform or other technology, including any features or functionality first developed for the Client, to other parties.
    9.2. The Client acknowledges that all Intellectual Property Rights over and in respect of the Platform used for creation of Account and any developments or modifications thereof belong and shall belong to Mainlink and the Client shall have no rights in or to the Platform and any developments or modifications thereof other than the right to use the Account in accordance with these Terms.
    9.3. The access to and use of the Platform contain proprietary and confidential information of Mainlink and its licensors. Except to the extent licenses are expressly granted hereunder, each party and each party’s licensors, respectively, retains all right, title and interest in and to all patent, trademark, trade secret rights, inventions, copyrights, know‑how and trade secrets in and to that party’s respective products and services. Mainlink retains all Intellectual Property Rights and interest in and to any work product created by Mainlink in the course of providing of or using the Platform of the Client under these Terms, and to all suggestions, ideas, enhancement requests, feedback, code, recommendations or other information provided by the Client or any third party relating to the provision of and use of the Platform.
    9.4. Except for Datasets transferred to the Platform automatically, entered manually by the Client, or provided by the Client to Mainlink for input into the Platform , it is noted that brands, logos, slogans, graphic elements, photographs, animations, videos, software, solutions, databases and texts created, published or recorded by Mainlink are the exclusive property of Mainlink, and therefore cannot be reproduced, used or represented without express prior authorization.
    9.5. Notwithstanding anything to the contrary herein, Mainlink shall have the right to collect and analyze Datasets and other information relating to the provision, use and performance of various aspects of the Platform, and Mainlink, during and after the term hereof, (i) shall be free to use such data to improve and enhance the Platform and for other development, diagnostic, statistical and corrective purposes; and (ii) shall have the right to compile and sell to the public any and all data, including the results derived from analyzing Datasets, provided that such information and data is adequately masked and anonymized and does not identify Client, Primary User, Users or any person, as the case may be. Mainlink retains all Intellectual Property Rights in such information.
  10. General terms.
    10.1. Mainlink may, at its sole discretion, modify, update, add to, discontinue, remove or otherwise change these Terms at any time. Each such modification shall take immediate effect upon notification to the Client.
    10.2. Mainlink may provide the Client with notices by email, updating its website or other reasonable means now known or hereinafter developed.
    10.3. In the event of any difficulty of interpretation among any of the titles appearing in the article headings, and any one of the articles themselves, the titles shall be declared non-existent.
    10.4. If any one of the stipulations of these Terms should be found to be null in the light of a legislative or regulatory provision in force and/or court decision with the authority of a final ruling, it shall be deemed unwritten, but this shall not in any way affect the validity of the other clauses, which shall remain fully applicable.
    10.5. Any legal actions, proceedings or disputes arising out of or relating to these Terms shall be finally settled in accordance with Mainlink Service Agreement.
     
    Annex 1

List of applicable Third Party Licenses

  1. Power BI
  2. Apple app developer
  3. AWS