By accepting these Terms of Service ("Terms", "Agreement") or by accessing or using the Services (as defined below), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into this Agreement as an individual or on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term “User” shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
Please read on to learn the rules and restrictions that govern your use of our website(s), hardware, software, firmware, application programming interface or API, cloud service and other products and services (collectively, the “ Services”). If you have any questions, comments, or concerns regarding these terms or our Services, please contact us at [email protected].
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
In order to use the Services, you may be required to sign up for an account, provide a verifiable email address, provide your name, and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself.You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Kapparock of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exits from your account at the end of each session when accessing the Services. Kapparock will not be liable for any loss or damage arising from your failure to comply with this Section.
As part of using the Services, you may create connections between various physical devices (which may be provided by Kapparock or by others), third party services, and the Services. You acknowledge and agree that you will not use the Services in connection with any hardware, software, firmware, API, or other applications, products or services that constitute or are used primarily for the purpose of dealing in: spyware, adware, or other malicious code; counterfeit goods; items subject to US embargo; hacking/surveillance/interception/descrambling equipment; or stolen products or items used for theft; or the operation of chemical or nuclear facilities, aircraft or other human mass transportation systems, essential communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Services could lead to death, serious bodily injury, or property or environmental damage or further or promote any criminal activity or enterprise or provide instructional information about illegal activities. In addition, without limiting the generality of anything herein, you agree not to use the Services to: (a) improperly avoid incurring fees or exceed usage limits or quotas; (b) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (d) access or attempt to access the accounts, materials, information, computer systems, devices or networks of Kapparock or otherwise not covered by the Terms, through password mining or any other means; (e) solicit personal information from anyone under the age of 18. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
You acknowledge that Kapparock may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Kapparock’s servers on your behalf, maximum API requests and the maximum frequency that the Kapparock's servers can be activated by your account in a specified time period. You agree that Kapparock has no responsibility or liability for the deletion, loss or failure to store any data or other content maintained, uploaded, or downloaded by the Services. You further acknowledge that Kapparock reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice, although Kapparock will endeavor to provide you with notice of any such limitations described in this section (for example, by posting a notification within the Services).
Subject to the terms and conditions of these Terms, Kapparock will use commercially reasonable efforts to provide the Services. Kapparock reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time and to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Kapparock will use commercially reasonable efforts to post a notification of discontinuance, temporarily or permanently, of the Services (or any part thereof) but is under no obligation to do so. You agree that Kapparock will not be liable to Customer or to any third party for any modification, suspension or discontinuance of the Services.
The Services may contain features and functionalities linking you to or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, APIs, firmware, programs, products or services, device functionality, and the Internet as a whole; you acknowledges that Kapparock is not responsible for such content, functionality, products or services and does not endorse such sites and resources. Kapparock may also provide some third party content to you as part of the Services. However, Kapparock is not an agent of any transacting party, nor is Kapparock a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Similarly, Kapparock is not responsible for any third party content you accesses via the Services, and you irrevocably waives any claim against Kapparock with respect to such sites and third party content, including software e.g., firmware and agents. Kapparock shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. You should make whatever investigation you feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third party services, Kapparock will not be responsible.
You agree that Kapparock, in its sole discretion, may suspend or terminate your account or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Kapparock believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Kapparock may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledges and agree that Kapparock may immediately deactivate or delete your account and all related information, data and files in your account and/or bar any further access to such files or the Services. Further, you agree that Kapparock will not be liable to you or any third party for any termination of your access to the Services.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay Kapparock or indemnify Kapparock, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between you and Kapparock.
Kapparock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Kapparock or by third-party providers, or because of other causes beyond Kapparock’s reasonable control, but Kapparock shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption but is under no obligation to do so. NOTWITHSTANDING ANYTHING TO THE CONTRARY, Kapparock DOES NOT WARRANT THAT THE SERVICES, HARDWARE, SOFTWARE, WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, HARDWARE OR SOFTWARE. THE SERVICES, HARDWARE AND SOFTWARE ARE PROVIDED “AS IS” AND ELECTRIC IMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Kapparock BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Kapparock IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES AND EXPENSES ARISING OUT OF SUCH USE. Kapparock IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS, OR (II) THE SERVICES.
You agree to indemnify and hold Kapparock, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Kapparock’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Kapparock agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Kapparock, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Kapparock in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Kapparock agree there are no third party beneficiaries intended under this Agreement.
Please contact Kapparock at [email protected] to report any violations of these Terms or to pose any questions regarding these Terms or the Services.